Lead. C. C. 71; 4 Car. & P. 236; 1 Cox C. C. 260. Desty's Crim. Law, § 22 a.

Subd. 2. Idiocy, in what consists-24 Ind. 231; 14 Mass. 207; 8 Jones, (N. C.) 136; 2 Va. Cas. 132; 17 Ala. 434; 6 McLean, 121; 6 Parker Cr. R. 43; Desty's Crim. Law, § 24 a.

Subd. 3. Lunatics and insane persons-6 Cal. 543; 24 id. 230; 38 id. 456; 7 Met. 500; 1 Lead. C. C. 94; 31 Cal. 466. See Desty's Crim. Law, § 25, et seq.

Subd. 4. Ignorance, or mistake of fact, may relieve from responsibility for crime-2 McLean, 14; 2 Cush. 577; 9 W. Va. 559; unless caused by carelessness or negligence-1 Conn. 502; 2 Cush. 577; 7 Humph. 148; 24 Ind. 77; id. 80; 2 McLean, 14; 7 Met. 500. See Desty's Crim. Law, § 35 a.

Subd. 6. Accident or misfortune, as an excuse for crime-89 Mass. 541; 80 id. 592; 22 Ga. 479. See Desty's Crim. Law, § 30 a, b.

Subd. 7. Married women under coercion, not responsible for crime-11 Gray, 437; 97 Mass. 593; 103 id. 71; 1 Leach, 348; 1 Car. & P. 116; Dears. & B. 553; 2 Lew. C. C. 229. See Desty's Crim. Law, S 16. a.

Subd. 8. Direct physical compulsion, exempts from punishment2 Dall. 346; 4 Wash. C. C. 402; 8 Car. & P. 616; 7 Wall. 214 9 W. Va. 358. But threats of future injury, or commands from any other than a husband, do not excuse-18 St. Tri. 391; 5 Car. & P. 133. See Desty's Crim. Law, § 32 b.

127. The following persons are liable to punishment under the laws of this State:

1. All persons who commit, in whole or in part, any crime within this State; ?

2. All who commit larceny or robbery out of this State, and bring to, or are found with the property stolen in, this State;

1

3. All who, being out of this State, cause or aid, advise or encourage, another person to commit a crime within this State, and are afterwards found therein." 1/

Jurisdiction-9 Nev. 48; 2 Oreg. 115; and see cases cited in Desty's Crim. Law, § 55 a.

$30. Classification of parties to crime. dakika

are principals.

132. Who are accessories.

5.33 Punishment of accessories. Fan's me

30. The parties to crimes are classified as: 1. Principals; and,

2. Accessories.

31. All persons concerned in the commission of a crime, whether it be felony or misdemeanor, and whether they directly commit the act constituting the offense, or aid and abet in its commission, or, not being present, have advised and encouraged its commission, and all persons counseling, advising, or encouraging children under the age of fourteen years, lunatics or idiots, to commit any crime, or who, by fraud, contrivance, or force, occasion the drunkenness of another for the purpose of causing him to commit any crime, or who, by threats, menaces, command, or coercion, compel another to commit any crime, are principals in any crime so committed.

Principals, who are.-A principal is the perpetrator of the offense, or one who is actually present, aiding and abetting-5 Cal. 133; 10 id. 68; 27 id. 340; 48 id. 24; 1 Brev. 385; 15 Ga. 346; 26 Ind. 495; 13 Ired. 114; 12 Ohio St. 214; 9 Pick. 496. See Desty's Crim. Law, § 36 a. As principals in the second degree-48 Cal. 24; or accessories before the factid., explaining 40 id. 129; id. 141; 39 id. 75; 32 id. 164. See Desty's Crim. Law, $40 a. Instigation to crime, id. § 40 b; or aiders and abettors at the fact-48 Cal. 19; id. 64; see Desty's Crim. Law, § 37 a; or accomplices-id. § 38 a. Confederates in a common design, of which the offense is a part, are all principals-47 Ind. 568; 13 Mo. 382; 29 id. 391; 9 Pick. 496; 12 Ohio St. 146. See Desty's Crim. Law, § 39 a. It is not necessary to prove that one of two conspirators struck the fatal blow-49 Cal. 170; nor is one guiltless because the one he kills was already mortally wounded-48 id. 64. If one person urges, encourages, aids, or assists another to kill, the legal presumption is, that he intends to kill 6 Pac. Coast L. J. 681. The offense of the accessory before the fact is committed in the county where the substantive accessorial acts are consummated-27 Cal. 340; 13 Bush, 142; 114 Mass. 307; 57 How. Pr. 342: 1 Parker Cr. R. 246. See Desty's Crim. Law, § 40 c.

32. All persons who, after full knowledge that a felony has been committed, conceal it from the magistrate, or harbor and protect the person charged with or convicted thereof, are accessories,

Accessories after the fact, who are 28 Cal. 404; 42 Ga. 321; 1 Swan, 383; 39 Miss. 702. What sufficient to create liability-see Desty's Crim. Law, § 44 a. Legal construction of liability-see id. § 44 a.

Guilty of a substantive crime-40 Cal. 599; 28 id. 404; 40 id. 129. See Desty's Crim. Law, § 45 a.

33. Except in cases where a different punishment is prescribed, an accessory is punishable by imprisonment in the State prison not exceeding five years, or in a county jail not exceeding two years, or by fine not exceeding five thousand dollars.

TITLE III.

Of Offenses against the Sovereignty y of the State.

§ 37. Treason, who only can commit.

§ 38. Misprision of treason.”

37. Treason against this State consists only in levying war against it, adhering to its enemies, or giving them aid and comfort, and can be committed only by persons owing allegiance to the State. The punishment of treason shall be death.

Treason against a State is an offense at common law-2 Arch. Cr. Pr. 893, and is so recognized in the Constitution of the United Statessee Const. U. S. art. iv, § 2 (2),

Citizens of a State owe allegiance to such State-2 Cranch, 82; 2 Kent, 42. Even though they be alien residents-2 Dall. 370; 5 Wheat. 76. See Desty's Crim: Law, § 66 a.

Levying war, what constitutes 2 Burr. Tr. 401; 2 Dall. 86; id. 346; 1 id. 35; 4 Cranch, 75; 2 Wall. Jr. 129; 11 Johns. 549. See Desty's Crim. Law, § 66 b.

Adhering to enemies.-What It embraces-see Desty's Crim. Law, § 66 c.

Punishment for treason-see Desty's Crim. Law, § 68 a.

38. Misprision of treason is the knowledge and concealment of treason, without otherwise assenting to or participating in the crime. It is punishable by imprisonment in the State prison for a term not exceeding five years.

Misprision of treason, what constitutes-see Desty's Crim. Law, $ 66 d

23. Nothing in this Code affects any of the provisions of the following statutes, but such statutes are recognized as continuing in force, notwithstanding the provisions of the Codes, except so far as they have been repealed or affected by subsequent laws:

First. All acts incorporating or chartering municipal corporations, and acts amending or supplementing such acts.

Second. All acts consolidating cities and counties, and acts amending or supplementing such acts.

Third. All acts for funding the State debt, or any part thereof, and for issuing State bonds, and acts amending or supplementing such acts.

Fourth. All acts regulating and in relation to rhodeos. Fifth. All acts in relation to judges of the plains.

Sixth. All acts creating or regulating boards of water commissioners and overseers in the several townships or counties of the State.

Seventh. All acts in relation to a branch State prison. Eighth. An act for the more effectual prevention of cruelty to animals, approved March thirtieth, eighteen hundred and sixty-eight.

Ninth. An act for the suppression of Chinese houses of ill-fame, approved March thirty-first, eighteen hundred and sixty-six.

Tenth. An act relating to the Home of the Inebriate of San Francisco, and to prescribe the powers and duties of the board of managers and the officers thereof, approved April first, eighteen hundred and seventy.

Eleventh. An act concerning marks and brands in the county of Siskiyou, approved March twentieth, eighteen hundred and sixty-six.

Twelfth An act to prevent the destruction of fish in the waters of Bolinas Bay, in Marin County, approved March thirty-first, eighteen hundred and sixty-six.

Thirteenth, An act concerning trout in Siskiyou County, approved April second, eighteen hundred and sixty-six.

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