1398. Indecent Articles, Disposed Of. Examination of Accused-The magistrate to whom any obscene or indecent writing, paper, book, picture, print, or figure, is delivered pursuant to the foregoing section, shall, upon the examination of the accused, or if the examination is delayed or prevented, without awaiting such examination, determine the character of such writing, paper, book, picture, print, or figure, and if he finds it to be obscene or indecent, he shall cause the same to be destroyed, or to be delivered to the county attorney of the county in which the accused is liable to indictment or trial as the interests of justice in his judgment require, but no more than two copies of any one writing, paper, book, picture, print, or figure shall be delivered to the county attorney. (2465 R. L. 1910.)

Indictment, see sec. 404.

1399. Intoxicated Physician-Any physician who being in the state of intoxication administers any poison, drug or medicine, or does any other act as such physician to another person, is guilty of a misdemeanor. (2390 R. L. 1910.)

1400. Poisoning Food-Any person who wilfully mingles any poison with any food, drink or medicine, with intent that the same shall be taken by any human being to his injury, and every person who wilfully poisons any spring, well or reservoir of water, is punishable by imprisonment in the penitentiary not exceeding ten years, or in a county jail not exceeding one year, or by a fine not exceeding five hundred dollars, or by both such fine and imprisonment. (2391 R. L. 1910.)

1401. Confinement of Lunatics-Any overseer of the poor, constable, keeper of a jail, or other person who confines any idiot, lunatic, or insane person, in any other manner or in any other place than is authorized by law, is guilty of a misdemeanor. (2392 R. L. 1910.)

1402. Reconfining Persons-Any person who, either solely or as a member of a court, in the execution of a judgment, order or process, knowingly recommits, imprisons or restrains of his liberty, for the same cause, any person who has been discharged from imprisonment upon a writ of deliverance, is guilty of a misdemeanor; and, in addition to the punishment prescribed therefor, he forfeits to the party aggrieved one thousand dollars, to be recovered in a civil action. (2393 R. L. 1910.)

1403. Concealing Persons To Avoid Habeas Corpus-Any person having in his custody or power, or under his restraint,

a party who, by the provisions of law relating to habeas corpus, would be entitled to a writ of habeas corpus, or for whose relief such writ has been issued, who, with intent to elude the service of such writ, to avoid the effect thereof, transfers the party to the custody, or places him under the power or control of another, or conceals or changes the place of confinement, or who, without lawful excuse, refuses to produce him, is guilty of a misdemeanor. (2394 R. L. 1910.)

1404. Assisting in Same-Any person who knowingly assists in the violation of the preceding section is guilty of a misdemeanor. (2395 R. L. 1910.)

1405. Intimidating Laborers-Any person who, by use of force, threats, or intimidation, prevents or endeavors to prevent any hired foreman, journeyman, apprentice, workman, laborer, servant or other person employed by another, from continuing or performing his work, or from accepting any new work or employment, or induces such hired person to relinquish his work or employment, or to return any work he has in hand, before it is finished, is guilty of a misdemeanor. (2396 R. L. 1910.)

1406. Intimidating Employers-Any person who, by use of force, threats, or intimidation, prevents or endeavors to prevent another from employing any person, or to compel another to employ any person, or to force or induce another to alter his mode of carrying on business, or to limit or increase the number of his hired foremen, journeymen, apprentices, workmen, laborers, servants or other persons - employed by him, or their rate of wages or time of service, is guilty of a misdemeanor. (2397 R. L. 1910)

1407. Drunken Engineer or Conductor or Driver-Any person while in charge as engineer of a locomotive engine, or while acting as conductor or driver upon a railroad train or car, whether propelled by steam or drawn by horses, is intoxicated, is guilty of a misdemeanor. (2537 R. L. 1910.)

1408. Agent's Neglect of Duty-Any engineer, conductor, brakeman, switch tender or other officer, agent or servant of any railroad.company, who is guilty of any wilful violation or omission of his duty as such officer, agent or servant, by which human life or safety is endangered or property is injured or destroyed, the punishment for which is not otherwise prescribed, is guilty of a misdemeanor. (2538 R. L. 1910)

1409. Railroad Agent Must Report Trains-Any agent or employee of any railroad or railway company having charge of any station of such company, or whose duty it is to give information with reference to the trains of such company, who shall wilfully fail to post notice of the time of arrival of any passenger train in conformity with the orders and rules of the corporation commission or any statute, or who shall fail to correctly report to any person, firm or corporation making inquiry either in person or by telephone of the time when any passenger train will arrive at such station, shall be punished by a fine of not less than twenty-five dollars and not more than one hundred dollars or by imprisonment in the county jail for not more than ninety days or by both such fine and imprisonment: Provided, that the failure of any passenger train to reach such station at the time given by any such agent or employee shall be prima facie evidence that such agent or employee wilfully failed or neglected to correctly report the same. (2539 R. L. 1910.)

1410. Eavesdropping-Any person guilty of secretly loitering about any building, with intent to overhear discourse therein, and to repeat or publish the same to vex, annoy, or injure others, is guilty of a misdemeanor. (2543 R. L. 1910.)

1411.

ARTICLE XLV.

INJURIOUS ACTS NOT EXPRESSED.

Injurious Acts Not Expressly Pro

hibited.

1411. Injurious Acts Not Expressly Prohibited-Any person who wilfully and wrongfully commits any act which grossly injures the person or property of another, or which grossly disturbs the public peace or health, or which openly outrages public decency and is injurious to public morals, although no punishment is expressly prescribed by this chapter, is guilty of a misdemeanor. (2793 R. L. 1910.)

"This chapter" above referred to, is chapter 23. R. L. 1910, being "Crimes and Punishments."

The provisions "openly outrages public decency and is injurious to public morals", construed. Gunn v. Terr., 19 Okla. 240.

The provision "grossly disturbs the public peace", construed. Stewart v. State, 4 Okla. Cr. 564, 109 P. 243.

An offense may be defined as any act which produces, or is reasonably calculated to produce a certain defined or described result.

Lewd and lascivious conduct of a married man with an unmarried female may be charged under this section. Fessler v. State, 12 Okla. Cr. 579, 160 P. 1129. See information.