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6. The contumacious and unlawful refusal of any person to be sworn as a witness; or, when so sworn, the like refusal to answer any material question;

7. The publication of a false or grossly inaccurate report of the proceedings of any court;

8. Presenting to any court having power to pass sentence upon any prisoner under conviction, or to any member of such court, any affidavit or testimony or representation of any kind, verbal or written, in aggravation or mitigation of the punishment to be imposed upon such prisoner, except as provided in this code.

167. Every public officer authorized by law to make or give any certificate or other writing, who makes and delivers as true any such certificate or writing, containing statements which he knows to be false, is guilty of a misdemeanor.

168. Every grand juror, district attorney, clerk, judge or other officer who, except by issuing or in executing a warrant of arrest, willfully discloses the fact of an information or indictment having been made for a felony, until the defendant has been arrested, is guilty of a misdemeanor. 1905-650.

169. Every grand juror who, except when required by a court, willfully discloses any evidence adduced before the grand jury, or anything which he himself or any other member of the grand jury may have said, or in what manner he or any other grand juror may have voted on a matter before them, is guilty of a misdemeanor.

170. Every person who maliciously and without probable cause procures a search-warrant or warrant of arrest to be issued and executed, is guilty of a misdemeanor.

171. Every person, not authorized by law, who, without the permission of the warden or other officer in charge of any state prison, jail, or reformatory in this state, communicates with any convict or person detained therein, or brings therein or takes therefrom any letter, writing, literature, or reading matter to or from any convict or person confined therein, is guilty of a misdemeanor.

171a. Any person, not authorized by law, who brings into any state prison, town or county jail, or city, or city and county jail, or reformatory in this state or within the grounds belonging or adjacent to any such institution, any opium, morphine, cocaine, or other narcotic, or any intoxicating liquor of any kind whatever, or any firearms, weapons, or explosives of any kind, is guilty of a felony. 1911—364.

171b. Every person who, having been previously convicted of a felony and confined in any state prison in this state, without the consent of the warden or other officer in charge of any state prison

or reformatory in this state, comes upon the grounds of any such institution, or lands belonging or adjacent thereto, in the nighttime, is guilty of a felony.

171c. Any tramp, vagrant, or person who is a known associate of thieves, who comes into any state reformatory in this state, or upon the grounds belonging or adjacent thereto, and communicates with any of the inmates of such institution, without the consent of the superintendent or other person having charge thereof, or who visits or communicates with any paroled pupil or inmate of such institution, with a view to induce him to violate the conditions of his parole, or who induces such paroled pupil or inmate to leave the guardian under whom he has been placed by the superintendent or other head of such institution, is guilty of a misdemeanor.

1905-657.

172. Every person who, within half a mile of the land belonging to the state upon which any state prison, or within nineteen hundred feet of the land belonging to this state upon which any reformatory, is situated, or within one mile of the grounds belonging to the University of California, at Berkeley, or within one and one-half miles of the exterior limits of the land on which is located the Veterans' Home at Yountville, Napa County, California, or within three miles of the university farm at Davis, or within one and one-half miles of lands occupied by any home, retreat, or asylum for ex-soldiers, sailors, and marines of the army and navy of the United States, established or to be established by this state, or by the United States within this state, or within the state capitol, or within the limits of the grounds adjacent and belonging thereto, sells, gives away, or exposes for sale, any spirituous, vinous or alcoholic liquors, is guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not less than one hundred dollars, or by imprisonment for not less than fifty days or by both such fine and imprisonment, in the discretion of the court.

2. The possession by a person, within the distances mentioned in paragraph one of this section of any state prison, reformatory, grounds belonging to the University of California at Berkeley, university farm at Davis, or the land on which is located the Veterans' Home at Yountville, Napa County, California, or any home, retreat or asylum for ex-soldiers or sailors, and marines of the army and navy of the United States, within the state capital, or within the grounds adjacent and belonging thereto, of a license for the sale of spirituous, vinovs or malt liquors issued under and by the authority of the governine of the United States shall, in any prosecution under paragraph one of this section, be deemed to be prima facie evidence of the violation of the provisions of paragraph one of this section. 1915-1451.

172a. Every person who, upon or within one and one-half miles of the university grounds or campus, upon which are located the principal administrative offices of any university having an enrollment of more than one thousand students, more than five hundred of whom reside or lodge upon such university grounds or campus, sells, gives away, or exposes for sale, any vinous or alcoholic liquors, is guilty of a misdemeanor. Provided, however, that the provisions of this act shall not apply to nor prohibit the sale of any of said liquors by any regularly licensed pharmacist who shall maintain a fixed place of business in said territory, upon the written prescription of a physician regularly licensed to practice medicine under the laws of the state of California, when such prescription is dated by the physician issuing it, contains the name of the person for whom the prescription is written, and is filled for such person only and within forty-eight hours of this date. Provided further, that the provisions of this act shall not apply to nor prohibit the sale of any said liquors for chemical or mechanical purposes.

1909–780. 173. Every captain, maste of a vessel, or other person, who willfully imports, brings, or sends, or causes or procures to be brought or sent, into this state, any person who is a foreign convict of any crime which, if committed within this state, would be punishable therein (treason and misprison of treason excepted), or who is delivered or sent to him from any prison or place of confinement in any place without this state, is guilty of a misdemeanor.

174. Every person bringing to or landing within this state any person born either in the empire of China or Japan, or the islands adjacent to the empire of China, without first presenting to the commissioner of immigration evidence satisfactory to such commissioner that such person desires voluntarily to come into this state and is a person of good character, and obtaining from such commissioner a permit describing such person and authorizing the landing, is punishable by a fine of not less than one nor more than five thousand dollars, or by imprisonment in the county jail not less than two nor more than twelve months.

175. Every individual person of the classes referred to in the two preceding sections, brought to or landed within this state contrary to the provisions of such sections, renders the person bringing or landing liable to a separate prosecution and penalty.

176. Every willful ommission to perform any duty enjoined by law upon any public officer, or person holding any public trust or employment, where no special provision shall have been made for the punishment of such delinquency, is punishable as a misdemeanor.

177. When an act or omission is declared by a statute to be a public offense, and no penalty for the offense is prescribed in any statute, the act or omission is punishable as a misdemeanor.

180. Any county treasurer who shall accept, or allow, any deposit in the county treasury of moneys from any private and unofficial source, is guilty of a misdemeanor, and shall be punished by imprisonment in the county jail for not less than six months nor more than one year, or by a fine of not less than five hundred dollars and not more than five thousand dollars, or both such fino and imprisonment, in the descretion of the court, and, in addition thereto, shall forfeit his office. 1897–56.

181. Every person who holds, or attempts to hold, any person in involuntary servitude, or assumes, or attempts to assume, rights of ownership over any person, or who sells, or attempts to sell, any person to another, or receives money or anything of value, in consideration of placing any person in the custody, or under the power or control of another, or who buys, or attempts to buy, any person, or pays money, or delivers anything of value, to another, in consideration of having any person placed in his custody, or under his power or control, or who knowingly aids or assists in any manner any one thus offending, is punishable by imprisonment in the state prison not less than one nor more than ten years. 1901-830

CHAPTER VIII.

Conspiracy. 182. Criminal conspiracy de- 184. Overt act; when necesfined, punishment.

sary. 183. Other conspiracies, pun- 185. Disguise, when unlaw. ishment.

ful. 182. If two or more persons conspire: 1. To commit any crime;

2. Falsely and maliciously to indict another for any crime, or to procure another to be charged or arrested for any crime;

3. Falsely to move or maintain any suit, action or proceeding;

4. To cheat and defraud any person of any property, by any means which are in themselves criminal, or to obtain money or property by false pretenses or by false promises with fraudulent intent not to perform such promises;

5. To commit any act injurious to the public health, to public morals, or to pervert or obstruct justice, or the due administration of the laws.

They are punishable as follows:

When they conspire to commit any felony, or to commit any act injurious to the public health, or to public morals, or tending to pervert or obstruct justice, or the due administration of the laws, they shall be punishable in the same manner and to the same extent as in this code provided for the punishment of the commission of the said felony or act, respectively.

When they conspire to do any of the other acts described in this section they shall be punishable by imprisonment in the county jail or state penitentary not exceeding two years, or by a fine not exceeding five thousand dollars, or both, and cases of such conspiracy may be prosecuted and tried in the superior court of any county in which any overt act tending to effect such conspiracy shall be done.

183. No conspiracies, other than those enumerated in the preceding section, are punishable criminally.

184. No agreement amounts to a conspiracy, unless some act, besides such agreement, be done within this state to effect the object thereof, by one or more of the parties to such agreement and the trial of cases of conspiracy may be had in any county in which any such act be done. 1919–171.

185. It shall be unlawful for any person to wear any mask, falsę whiskers, or any personal disguise (whether complete or partial) for the purpose of:

One. Evading or escaping discovery, recognition, or identification in the commission of any public offense.

Two. Concealment, flight, or escape, when charged with, arrested for, or convicted of, any public offense. Any person violating any of the provisions of this section shall be deemed guilty of a misdemeanor. 1874-426.

TITLE VIII.

Crimes Against the Person.
Chapter I. Homicide.

II. Mayhem.
III. Kidnaping.
IV. Robbery.

V. Attempts to Kill.
VI. Assaults With Intent to Commit Felony, Other Than

Assaults With Intent to Murder.
VII. Duels and Challenges.
VIII. False Imprisonment.
IX. Assault and Battery.
X. Libel.

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