898. Title of Code-This chapter shall be known as the Penal Code of the State of Oklahoma. (2082 R. L. 1910.)

899. Object of Penal Code-This chapter specifies the classes of persons who are deemed capable of crimes and liable to punishment therefor; and defines the nature of the various crimes; and prescribes the kind and measure of pun

ishment to be inflicted for each. The manner of prosecuting and convicting criminals is regulated by the Code of Criminal Procedure. (2088 R. L. 1910.)

900. Conviction to Procure Punishment-The punishment prescribed by this chapter can be inflicted only upon a legal conviction in a court having jurisdiction. (2089 R. L. 1910.)

901. What Acts Are Criminal-No act or omission shall be deemed criminal or punishable except as prescribed or authorized by this code. The words "This Code" as used in the penal code shall be construed to mean Statutes of this State. (2083 R. L. 1910.)

There are no common-law crimes in this state; but, where the Legislature creates, without defining, an offense which was a crime under the common law, the common law definition of the crime will be adopted. The Legislature may define a crime as an act producing certain results. Stewart v. State, 4 Okla. Cr. 564, 109 P. 243; State v. Lawrence, 9 Okla. Cr. 16, 130 P. 508; Fessler v. State, 12 Okla. Cr. 579, 160 P. 1129.

The definition of an act made an offense by statute, but not defined by it, may be ascertained by reference to common law. Shires v. State, 2 Okla. Cr. 90, 99 P. 1100.

902. Crime Defined-A crime or public offense is an act or omission forbidden by law, and to which is annexed, upon conviction, either of the following punishments:

First. Death;

Second. Imprisonment;

Third. Fine;

Fourth. Removal from office; or

Fifth. Disqualification to hold and enjoy any office of honor, trust or profit under his State. (2084 R. L. 1910.) 903. Crimes Classified-Crimes are divided into:

Second. Misdemeanors. (2085 R. L. 1910.)

904.

Felony Defined-A felony is a crime which is, or may be, punishable with death, or by imprisonment in the penitentiary. (2086 R. L. 1910.)

905. Misdemeanor Defined-Every other crime is a misdemeanor. (2087 R. L. 1910.)

906. Punishment for Felonies-Except in cases where a different punishment is prescribed by this chapter, or by some existing provisions of law, every offense declared to be a felony is punishable by a fine of not exceeding one thousand dollars, or by imprisonment in the state penitentiary not exceeding two years, or by both such fine and imprisonment. (2090 R. L. 1910.)

907. Persons Capable of Committing Crimes-All persons are capable of committing crimes, except those belonging to the following classes: First. Children under the age of seven years. Second. Children over the age of seven years, but under the age of fourteen years, in the absence of proof that at the time of committing the act or neglect charged against them, they knew its wrongfulness. Third. Idiots. Fourth. Lunatics, insane persons, and all persons of unsound mind, including persons temporarily or partially deprived of reason, upon proof that at the time of committing the act charged against them they were incapable of knowing its wrongfulness. Fifth. Persons who committed the act, or made the omission charged, under an ignorance or mistake of fact which disproves any criminal intent. But ignorance of the law does not excuse from punishment for its violation. Sixth. Persons who committed the act charged without being conscious thereof. Seventh. Persons who committed the act, or made the omission charged, while under involuntary subjection to the power of superiors. (2094 R. L. 1910.)

The effect of section 2094 is to change the age limit of responsibility, as fixed in paragraph 2 of this section, from 14 to 16 years, making the clause read: 串 *. but under the age of 16 years, In re Powell, 6 Okla. Cr. 495, 120 P. 1022.

Where "intent" is not a necessary ingredient of an offense, ignorance is no defense. Garver v. Terr., 5 Okla. 342.

That defendant is incapable of committing crime by reason of non-age cannot be presented for first time in motion for new trial. Meierholtz v. Terr., 14 Okla. 359.

The clause "upon proof that at the time of committing the act charged against them they were incapable of knowing its wrongfulness" in subdivision third, modifies all which precedes it in the same subdivision. Maas v. Terr., 10 Okla. 717.

Section 425 does not in effect modify, but is supplemental to, this section. Adair v. State, 6 Okla. Cr. 285, 118 P. 416.

For an exhaustive discussion of incapability of crime by reason of insanity, see Adair v. State, 6 Okla. Cr. 284, 118 P. 416, and cases cited. 908. Persons Liable to Punishment-The following persons are liable to punishment under the laws of the state. First. All persons who commit, in whole or in part, any crime within the State. Second. All who commit theft out of the State, and bring, or are found with property stolen, in the State. Third. All who, being out of the State, adbduct or kidnap, by force or fraud, any person contrary to the laws of the place where such act is committed, and bring, send, or convey such person within the limits of the State, and are afterwards found therein. Fourth. And all who, being out of the State, cause or aid, advise or encourage, another person, causing

an injury to any person or property within the State by means of any act or neglect which is declared criminal by this Code, and who are afterward found within the State. (2093 R. L. 1910.)

909. Foreign Ministers Exempted-Ambassadors and other public ministers from foreign governments accredited to the president of the government of the United States, and recognized by it according to the laws of the United States, with their secretaries, messengers, families and servants are not liable to punishment in this State, but are to be returned to their own country for trial and punishment. (2102 R. L. 1910)

910. Intoxication No Defense-No act committed by a person while in a state of voluntary intoxication shall be deemed less criminal by reason of his having been in such condition. (2095 R. L. 1910.)

Voluntary intoxication is no excuse for crime; provided defendant was able to form a design. Morris v. Terr., 1 Okla. Cr. 618, 99 P. 760. "Voluntary intoxication" defined. Perryman v. State, 12 Okla. Cr. 500, 159 P. 937; Tubbey v. State, 15 Okla. Cr. 496, 178 P. 490.

Defendant's physical ability from his drunken condition is a question for the jury, not the witness. Colbert v. State, 4 Okla. Cr. 500.

Jury should not be instructed that defendant should be acquitted if they believe that at the time of the fatal blow he was too drunk to form a criminal intent. Miller v. State, 9 Okla. Cr. 55, 130 P. 813.

911. Morbid Propensity No Defense-A morbid propensity to commit prohibited acts, existing in the mind of a person who is not shown to have been incapable of knowing the wrongfulness of such acts, forms no defense to a prosecution therefor. (2096 R. L. 1910.)

912. Subject to Superior Exonerates-The involuntary subjection to the power of a superior which exonerates a person charged with a criminal act or omission from punishment thereof, arises either from: First. Duress; or, Second. Coverture. (2097 R. L. 1910.)

913. Duress Must Be Actual-The duress which excuses a person from punishment who has committed a prohibited act or omission must be an actual compulsion by use of force or fear. (2098 R. L. 1910.)

914. Subjection Inferred-When-A subjection sufficient to excuse from punishment may be inferred in favor of a wife from the fact of coverture whenever she committed the act charged in the presence and with the assent of her husband, except where such act is a participation in: First. Treason; Second. Murder; Third. Manslaughter; Fourth. Maiming;

Fifth. An attempt to kill; Sixth. Rape; Seventh. Abduction; Eighth. Abuse of children; Ninth. Seduction; Tenth. Abortion, either upon herself or upon another female; Eleventh. Concealing the death of an infant, whether her own or that of another; Twelfth. Fraudulently producing a false child, whether as her own or that of another; Thirteenth. Bigamy; Fourteenth. Incest; Fifteenth. Incest; Fifteenth. The crime against nature; Sixteenth. Indecent exposure; Seventeenth. Obscene exhibition of books and prints; Eighteenth. Keeping a bawdy or other disorderly house. (2099 R. L. 1910.)

915. Duress by Husband Must Be Proved-In case of the crimes enumerated in the last section the wife is not excused from punishment by reason of her subjection to the power of her husband unless the facts proved show a case of duress as defined in the second preceding section. (2100 R. L. 1910.)

916. Inference of Subjection May Be Rebutted-The inference of subjection arising from the fact of coverture may be rebutted by any facts showing that in committing the act charged the wife acted freely. (2101 R. L. 1910.)

917. Parties to Crimes Classified-The parties to crimes are classified as: First. Principals; and, Second. Accessories. (2103 R. L. 1910.)

918. Principals Defined-All persons concerned in the commission of crime, whether it be felony or misdemeanor, and whether they directly commit the act constituting the offense, or aid and abet in its commission, though not present, are principals. (2104 R. L. 1910.)

Cited. Reeves v. Terr., 10 Okla. 195; Lancaster v. State, 2 Okla. Cr. 681, 103 P. 1065; Drury v. Terr., 9 Okla. 398; Pearce v. Terr., 11 Okla. 438; Buchanan v. State, 4 Okla. Cr. 645, 112 P. 32; Bowes v. State, 8 Okla. Cr. 278, 127 P. 883; Rhea v. State, 9 Okla. Cr. 220, 131 P. 729; Metcalf v. State, 10 Okla. Cr. 77, 133 P. 1131; Morris v. State, 4 Okla. Cr. 233.

The law of principal and agent does not apply in criminal law. Sturgis v. State, 2 Okla. Cr. 363, 102 P. 57; Cox v. State, 3 Okla. Cr. 129, 104 P. 1074; Buchanan v. State, 4 Okla. Cr. 645, 112 P. 32.

919. Accessories Defined-All persons who, after the commission of any felony, conceal or aid the offender, with knowledge that he has committed a felony, and with intent that he may avoid or escape from arrest, trial, conviction, or punishment, are accessories. (2105 R. L. 1910.)

Jurisdiction in, see section 497.

Accessories hereunder were accessories after the fact at common law. Drury v. Terr., 9 Okla. 398; Sturgis v. State, 2 Okla. Cr. 362, 102 P. 57. 920. No Accessories In Misdemeanors-In misdemeanors, there are no accessories. (2106 R. L. 1910.)