him," etc., was held to be sufficient to show that the defendant knew the person assaulted was an officer. Com. v. Kirby, 2 Cush. 577. A mere allegation that the defendant “resisted" the officer is insufficient, being but a conelusion of law. Lamberton v. State, 11 Ohio, 282; but see United States v. Batchelder, 2 Gall. 15: State v. Hooker, 17 Vt. 658. To constitute the offense, it must appear that the process under which the officer is acting is legal. Com. v. Tobin, 108 Mass. 426; Com. v. Newton, 123 Id. 420; State v. Zeibart, 40 Iowa, 169; People v. Muldoon, 2 Park. Crim. R. 13. The officer must be at the time engaged in executing his duties, and the defendant must be notified thereof; and unless there be notification or knowledge, the killing of the officer in resisting the arrest will not be murder. 1 Whart. Crim. L. (8th ed.), sec. 648; Yates v. People, 32 N. Y. 509. If the defendant can prove that he was ignorant that the party resisted was an officer, this is a defense to the indictment. People v. Muldoon, 2 Park. Crim. R. 13; Yates v. People, 32 N. Y. 509; State v. Belk, 76 N. C. 10; Johnson v. State, 26 Tex. 117. 2. See sec. 148. 70. Every executive or ministerial officer who knowingly asks or receives any emolument, gratuity, or reward, or any promise thereof, excepting such as may be authorized by law, for doing any official act, is guilty of a misdemeanor. [Amendment, approved March 30, 1874; in effect July 1, 1874. 1. Official Extortion. The act of 1850 defined extortion to be the willful. or corrupt receiving by any officer of a reward or fee for the discharge of duty other than that allowed by law, or the act of demanding such reward or fee as a condition precedent to the performance of official duty. Stats. 1850, 242, sec. 107. The offense implies the existence of a corrupt mind, and it is not committed when the fee comes voluntarily in return for real benefits conferred by extra exertions put forth. 2 Bish. Crim. L., secs. 326-337. At common law, a proposal by an official to receive a bribe was an indictable offense. Walsh v. People, 65 Ill. 58. If an officer exacts payment of his fee before it is due, it is extortion. Com. v. Bagley, 7 Pick. 279. 71. Every officer or person prohibited by the laws of this state from making or being interested in contracts, or from becoming a vendor or purchaser at sales, or from purchasing scrip, or other evidences of indebtedness, who violates any of the provisions of such laws, is punishable by a fine of not more than one thousand dollars, or by imprisonment in the state. prison not more than five years, and is forever disqualified from holding any office in this state. 72. Every person who, with intent to defraud, presents for allowance or for payment to any state board or officer, or to any county, town, city, ward, or village board or officer, authorized to allow or pay the same if genuine, any false or fraudulent claim, bill, account, voucher, or writing, is guilty of felony. 73. Every person who gives or offers any gratuity or reward, in consideration that he or any other person shall be appointed to any public office, or shall be permitted to exercise or discharge the duties thereof, is guilty of a misdemeanor. 1. Constitutional Provision.-Every person shall be disqualified from holding any office of profit in this state, who shall have been convicted of having given or offered a bribe to procure his election or appointment. Cal. Const., sec. 10, art. 20. 2. Offering Reward for Appointment.—Rex v. Vaughan, 4 Burr. 2494; Rex v. Pollman, 2 Camp. 229; Com. v. Callaghan, 2 Va. Cas. 460; 2 Bish. Crim. L., secs. 190, 191. See sec. 54, n. 1. 74. Every public officer who, for any gratuity or reward, appoints another person to a public office, or permits another person to exercise or discharge any of the duties of his office, is punishable by a fine not exceeding five thousand dollars, and, in addition thereto, forfeits his office and is forever disqualified from holding any office in this state. 75. Every person who willfully and knowingly intrudes himself into any public office to which he has not been elected or appointed, and every person who, having been an executive officer, willfully exercises any of the functions of his office after his term has expired, and a successor has been elected or appointed and has qualified, is guilty of a misdemeanor. 76. Every officer whose office is abolished by law, or who, after the expiration of the time for which he may be appointed or elected, or after he has resigned or been legally removed from office, willfully and unlawfully withholds or detains from his successor, or other person entitled thereto, the records, papers, documents, or other writing appertaining or belonging. to his office, or mutilates, destroys, or takes away the same, is punishable by imprisonment in the state prison not less than one nor more than ten years. 77. The various provisions of this chapter apply to administrative and ministerial officers, in the same manner as if they were mentioned therein. An Act relating to the intoxication of officers. SEC. 1. Any officer of a town, village, city, county, or state, who shall be intoxicated while in discharge of the duties of his office, or by reason of intoxication is disqualified for the discharge of or neglects his duties, shall be guilty of a misdemeanor, and on conviction of such misdemeanor shall forfeit his office; and in such case the vacancy occasioned thereby shall be filled in the same manner as if such officer had filed his resignation in the proper office, and it had been accepted by the proper authority; provided, such acceptance shall have been necessary to make the office vacant. SEC. 2. This act shall take effect immediately. [Approved April 15, 1880; Statutes 1880, 77. TITLE VI. OF CRIMES AGAINST THE LEGISLATIVE POWER. SECTION 81. Preventing the meeting or organization of either branch of the legisture. 82. Disturbing the legislature while in session. 83. Altering draft of bill or resolution. 84. Altering enrolled copy of bill or resolution. 85. Giving or offering bribes to members of the legislature. 86. Receiving bribes by members of the legislature. 87. Witnesses refusing to attend, testify, or produce papers before the legislature or committees thereof. 88. Members of the legislature, in addition to other penalties, to forfeit office and be disqualified, etc. 89. Obtaining money or property to influence vote of legislator, a felony. 81. Every person who willfully, and by force or fraud, prevents the legislature of this state, or either of the houses composing it, or any of the members thereof, from meeting or organizing, is guilty of felony. 82. Every person who willfully disturbs the legislature of this state, or either of the houses composing it, while in session, or who commits any disorderly conduct in the immediate view and presence of either house, tending to interrupt its proceedings or impair the respect due to its authority, is guilty of a misdemeanor. 83. Every person who fraudulently alters the draft of any bill or resolution which has been presented to either of the houses composing the legislature, to be passed or adopted, with intent to procure it to be passed or adopted by either house, or certified by the presiding officer of either house, in language different from that intended by such house, is guilty of felony. 84. Every person who fraudulently alters the enrolled copy of any bill or resolution which has been passed or adopted by the legislature of this state, with intent to procure it to be approved by the governor, or certified by the secretary of state, or printed or published by the printer of the statutes, in language different from that in which it was passed or adopted by the legislature, is guilty of felony. 85. Every person who gives or offers to give a bribe to any member of the legislature, or to another person for him, or attempts by menace, deceit, suppression of truth, or any corrupt means, to influence a member in giving or withholding his vote, or in not attending the house or any committee of which he is a member, is punishable by imprisonment in the state prison not less than one nor more than ten years. 1. Influencing Legislators, when not Bribery.-All persons whose interests may in any way be affected by any public or private act of the legis lature, have an undoubted right to urge their claims and arguments, either in person or by counsel, before legislative committees, as well as in courts of justice. Marshall v. Baltimore etc. R. R. Co., 16 How. (U. S.) 314. 2. Bribery.-Sec. 67, n. 1. 86. Every member of either of the houses composing the legislature of this state who asks, receives, or agrees to receive any bribe, upon any understanding that his official vote, opinion, judgment, or action shall be influenced thereby, or shall be given, in any particular manner, or upon any particular side of any question or matter upon which he may be required to act in his official capacity, or gives, or offers, or promises to give, any official vote in consideration that another member of the legislature shall give any such vote either upon the same or another question, is punishable by imprisonment in the state prison not less than one nor more than fourteen years; and upon conviction thereof shall, in addition to said punishment, forfeit his office, be disfranchised, and forever disqualified from holding any office or public trust. [Amendment, approved April 6, 1880; in effect immediately. 1. Constitutional Provision.—Any member of the legislature who shall be influenced in his vote or action upon any matter pending before the legislature by any reward, or promise of future reward, shall be deemed guilty of a felony; and upon conviction thereof, in addition to such punishment as may be provided by law, shall be disfranchised and forever disqualified from holding any office or public trust. Cal. Const., sec. 35, art. 4. 87. Every person who, being summoned to attend as witness before either house of the legislature or any committee thereof, refuses or neglects, without lawful excuse, to attend pursuant to such summons, and every person who, being present before either house of the legislature or any committee thereof, willfully refuses to be sworn or to answer any material and proper question, or to produce, upon reasonable notice, any material and proper books, papers, or documents in his possession or under his control, is guilty of a misdemeanor. 88. Every member of the legislature convicted of any crime defined in this chapter, in addition to the punishment prescribed, forfeits his office and is forever disqualified from holding any office in this state. 89. Every person who obtains or seeks to obtain money, or other thing of value, from another person upon a pretense, claim, or representation that he can or will improperly influence in any manner the action of any member of a legislative body in regard to any vote or legislative matter, is guilty of a felony. Upon the trial, no person, otherwise competent as a witness, shall be excused from testifying as such concerning the offense charged, on the grounds that such testimony may criminate himself, or subject him to public infamy; but such testimony shall not afterwards be used against him in any judicial proceeding, except for perjury in giving such testimony. [Amendment, approved April 6, 1880; in effect immediately. TITLE VII. OF CRIMES AGAINST PUBLIC JUSTICE. III. ESCAPES AND AIDING THEREIN, §§105-111: VII. OTHER OFFENSES AGAINST PUBLIC JUSTICE, §§142–179. CHAPTER I. BRIBERY AND CORRUPTION. SECTION 92. Giving bribes to judges, jurors, referees, etc. 94. Extortion. 95. Improper attempts to influence jurors, referees, etc. 96. Misconduct of jurors, referees, etc. 97. Justice or constable purchasing judgment. 98. Officers to forfeit and be disqualified from holding office. 99. Superintendent of state printing not to be interested in cer tain printing, etc. 100. Corrupt collusion by superintendent of state printing. |