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 its date. Provided further, that the provisions of this act shall not apply to nor prohibit the sale of any of said liquors for chemical or mechanical purposes. History: Enacted March 25, 1909, Stats. and Amdts. 1909, p. 780. In effect July 1, 1909. SALE OF LIQUORS NEAR UNIVERSITY. institutions. up 1. Construction — Constitutionality held. Not violative of either the fourteenth amendment of the federal constitution, or of section 2, article I, or subdivision 33, of section 25 of article IV, of the state con stitution.-In re B. Burke, 160 Cal. 301, 116 Pac. 755. 2. Police power-Classification of educational institutions, held to be a proper exercise of the police power of the state as a basis for a penal statute forbidding the sale of alcoholic liquors within the purlieus of such institutions.-In re B. Burke, 160 Cal. 301, 116 Pac. 755. § 173. IMPORTING FOREIGN CONVICTS. Every captain, master of a vessel, or other person, who wilfully imports, brings, or sends, or causes or procures to be brought or sent, into this state, any person who is a foreign conviet of any crime which, if committed within this state, would be punishable therein (treason and misprision 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. History: Enacted February 14, 1872, founded upon §§ 1, 2, Act § 174. BRINGING CHINESE INTO THIS STATE. 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 commis-. sioner 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. History: Enacted February 14, 1872, and embodies the material penal provisions of the act to prevent the kidnaping and importation of Mongolian females for criminal purposes, and the kindred act of March 18, 1870, Stats. 1870, pp. 330 et seq. § 175. SEPARATE AND DISTINCT PROSECUTIONS. 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. History: Enacted February 14, 1872. § 176. OMISSION OF DUTY BY PUBLIC OFFICER. Every wilful omission 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. History: Enacted February 14, 1872. the county seat of his county during a specified period is not a criminal offense.Ex parte Harrold, 47 Cal. 129, 130, 131. 2. Same-Applies to violation by health officer of section requiring the health officer of city, before he issues his permit for interment, to demand, receive, and file the proper certificate of death and make it his duty to issue the permit upon receipt of such certificate.-Ex parte Keeney, 84 Cal. 304, 310, 24 Pac. 34. 3. Refusal of an officer to perform a public duty amounts to an omission in that regard and is a misdemeanor under this section.-Cassidy v. Cannon, 18 Cal. App. 426, 427, 123 Pac. 358. § 177. OFFENSES, WHEN MISDEMEANORS. 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. History: Enacted February 14, 1872; amended March 30, 1874, Code Amdts. 1873-4, p. 426. § 178. OFFICERS OF CORPORATIONS NOT TO EMPLOY CHINESE. [Repealed.] History: Enacted February 13, 1880, Code Amdts. 1880 (Pen. C. pt.), p. 1; repealed by Code Commission, Act March 16, 1901, Stats. and Amdts. 1900-1, p. 446, act held unconstitutional, see history, § 5, ante; re-repealed March 21, 1905, Stats. and Amdts. 1905, p. 652. § 179. CORPORATIONS NOT TO EMPLOY CHINESE. [Repealed.] PENALTY. History: Enacted February 13, 1880, Code Amdts. 1880 (Pen. C. pt.), p. 2; repealed by Code Commission, Act March 16, 1901, Stats. and Amdts. 1900-1, p. 446, act held unconstitutional, see history, § 5, ante; re-repealed March 21, 1905, Stats. and Amdts. 1905, p. 652. Municipal ordinance making it unlawful for any contractor to employ Chinese labor is unconstitutional, as not being with 1. in the police power.-Ex parte Kuback, 85 Cal. 274, 275, 20 Am. St. Rep. 226, 9 L. R. A. 482, 24 Pac. 737. § 180. COUNTY COUNTY TREASURER SHALL NOT RECEIVE PRIVATE MONEYS ON DEPOSIT. 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 fine and imprisonment, in the discretion of the court, and, in addition thereto, shall forfeit his office. History: Enacted March 3, 1897, Stats. and Amdts. 1897, p. 56. § 180[a]. PROHIBITING THE BRINGING OF CONTRABAND ARTICLES ON PRISON GROUNDS. Any person, not authorized by law, who brings into either of the state prisons of the state of California, or any reformatories therein, or within the grounds of such institutions, any opium, mor phine, cocaine, or other narcotics, or any intoxicating liquors of any kind whatever, or firearms, weapons, or explosives of any kind, is guilty of a felony, and upon conviction thereof shall be punished by imprisonment in the state prison for a term not less than one nor more than five years, and shall be disqualified from holding any state office or position in the employ of this state. History: Enacted February 10, 1899, Stats. and Amdts. 1899, p. 4, and numbered § 180, a substantial re-enactment of § 171a, ante, extend- § 180a. BRINGING NARCOTICS, INTOXICATING LIQUORS, FIREARMS, ETC., INTO STATE PRISONS. [Repealed.] History: Enacted March 8, 1901, Stats. and Amdts. 1900-1, pp. 107, 108; repealed March 21, 1905, Stats. and Amdts. 1905, p. 652. § 181. INFRINGEMENT OF PERSONAL LIBERTY OR ATTEMPT TO ASSUME OWNERSHIP OF PERSONS. PENALTY. 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 any thing 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. History: Enacted March 16, 1901, Stats. and Amdts. 1900-1, p. 330. CHAPTER VIII. CONSPIRACY. 182. Criminal conspiracy defined and pun- § 184. Overt act, when necessary. ishment fixed. 183. No other conspiracies punishable criminally. trial.] [Place of § 185. Wearing rask, false whiskers, etc. § 182. CRIMINAL CONSPIRACY DEFINED AND PUNISHMENT FIXED. 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: [Punishment]-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 penitentiary 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. History: Enacted February 14, 1872, founded on § 102 Criminal Practice Act, Stats. 1850, p. 242; amended March 30, 1874, Code Amdts. 1873-4, p. 426; amendment approved May 5, 1919, Stats. and Amdts. 1919, p. 170. CONSPIRACY. 1. Boycotting-Restraint by injunction. 2. Construction of section-As to jurisdiction. 3. Conspiracy-As to generally. 4. Same-Combination for just defense is not. 5. Same-To bring an action of slander without cause. 6. Same To cause insubordination, disloyalty, etc. 7. Same To commit a conspiracy. 8. Same-To commit a felony. 9. Same-To commit larceny. 10. Same-To compel one to sign bank check. 11. Defense that conspiracy has been con- 12, 13. Definition of conspiracy-In general. 16. Determined-Not by nature of prop- 39. Same-Identity-Rules of evidence re laxed. 40-43. Same Other crimes-Admissibility of evidence of. 44. Fellow-conspirators-Jointly engaged. 45. Same-General rule. 46. Husband and wife-Conspiracy can not exist between. 47. Same Conspiracy between husband and wife and third parties. 48-50. Indictment-As to sufficiency of. 51. Same-Charging conspiracy to defraud-Actual possession of money -Need not be alleged. 52. Same-Charging conspiracy to present worthless bail bond. 53. Same-Charging three separate provisions violated-Not duplicitous. 54, 55. Same-Means by which to accomplish unlawful act-Need not be set forth. 56. Same-Offense to be committed-Need not be alleged. 57. Same-One conspirator may be separately informed against. 58-63. Instruction-In general. 64. Jurisdiction and venue - Jurisdiction 65-67. Same-Venue of the crime. 71. Same-Completed offense of higher 72. Same-Completed grade. offense of same 1. Boycotting-Restraint by injunction. -Act of March 20, 1903 (Stats. 1903, p. 289), providing that no combination between two or more persons to do, or procure to be done, any act in contemplation of, or furtherance of, any trade dispute between employers or employees, shall be deemed criminal, nor shall those engaged therein be individually or otherwise punishable for crime of conspiracy if such act committed by one person would not be punishable as crime, nor shall any restraining order or injunction be issued with relation thereto, provided that nothing in act shall be construed to authorize force or violence, or threats thereof, by such provision, does not deprive court of any power to restrain boycott of complainant's business during strike, by means of pickets standing in front of complainant's place of business, bearing signs and transparencies derogatory to complainant, but court has no power to enjoin defendants from mere expression of opinion, at any time or place as to plaintiff and its business, which expressions merely constitute slander.-Goldberg. Bowen & Co. v. Stablemen's Union, 149 Cal. 249, 253, 86 Pac. 806. 2. Construction of section-As to jurisdiction. Superior court has no jurisdiction to try defendant for conspiracy, and hence judgment of conviction by the superior court is void and does not constitute jeopardy.-People v. Hamberg, 84 Cal. 468, 472, 24 Pac. 298. As to jurisdiction and venue, see pars. 64-67. Where 3. Conspiracy—As to generally. persons enter on an unlawful purpose with the intent to aid or encourage each other in carrying out their design, they are each criminally responsible for everything resulting from such purpose, whether specifically contemplated or not.-Turner v. State, 97 Ala. 57, 12 So. 54. As to definition of conspiracy, see pars. 12-15, this note. 4. Same-Combination for just defense is not a conspiracy.-Goins v. State, 46 Ohio St. 457, 21 N. E. 476. 5. Same-To bring an action of slander without cause, knowing that no cause of action exists, or that, a cause of action existing, to maintain it by false testimony or other unlawful means, sustains charge of conspiracy.-People v. Daniels, 105 Cal. 262, 267, 38 Pac. 720. 6. Same-To cause insubordination, disloyalty, etc., is a crime punishable under the espionage act. The intent with which the act complained of is not an element of the offense, and for that reason the indictment need not aver that the act was done "wilfully," especially where it is alleged that the acts were done unlawfully and feloniously; or that the accused persons conspired to do specific acts, the gist of the offense being the act of conspiracy itself; but where the uttering of disloyal, profane, scurrilous and abusive language respecting the government, the constitution, the military and naval forces, and the like, is charged, it has been held that the indictment must further allege that reports of such language and declarations charged were made or conveyed with the intention to interfere with the operation and success of the military operations of the government; that is, the acts complained of must be connected with the military operations of the government.-See, among other cases, United States v. Schulze, 253 Fed. 377; Shilter v. United States, 257 Fed. 724; Schulze v. United States, 259 Fed. 189; Goldenstein v. United States, 259 Fed. 908; Stephens v. United States, 261 Fed. 590; Guggolz v. United States, 262 Fed. 764; Howenstein v. United States, 263 Fed. 1; Proffitt V. United States, 264 Fed. 299; Sykes v. United States, 264 Fed. 945. 7. Same-To commit a conspiracy is an indictable offense under section 37, Federal Penal Laws (Act March 4, 1909, c. 321, 35 Stats. at L. 1906, 7 Fed. Stats. Ann. 2d ed., 534, Comp. Stats. 1916, 10201).-United States v. Ram Chandra, 254 Fed. 635. 8. Same-To commit a felony.-Not merged in the felony when committed; and the distinction between the "conspiracy" and the "felony" is illustrated by the rule that no steps toward carrying out the conspiracy need be shown; it is the act of conspiracy that constitutes the offense, and not the successful accomplishment of the ultimate design of the combination.-Colo. Hamilton v. People, 24 Colo. 301, 51 Pac. 425. Conn. State v. Thompson, 69 Conn. 720, 38 Atl. 868. Mich. People v. Summers, 115 Mich. 537, 73 N. W. 818. As to merger of conspiracy, see pars. 6872, this note. 9. Same-To commit larceny ends only when the spoils are divided.-Conn. State v. Thompson, 69 Conn. 720, 38 Atl. 868. Ill. Spies v. People, 122 Ill. 1, 3 Am. St. Rep. 320, 12 N. E. 865, 17 N. E. 898. Mich. People v. Richards, 1 Mich. 216, 51 Am. Dec. 75. N. Y. People v. Davis, 57 Alb. L. J. 170. Wis. Baker v. State, 80 Wis. 416, 50 N. W. 518. 10. Same-To compel one to sign bank check and then take it from him by force is a conspiracy to rob.-People v. Richards, 67 Cal. 412, 422, 56 Am. Rep. 716, 7 Pac. 828. 11. Defense that conspiracy has been consummated can not be interposed to an indictment charging a criminal conspiracy. -United States v. Ram Chandra, 254 Fed. 630. As to merger of conspiracy in completed offense, see pars. 68-72, this note. 12. Definition of conspiracy so as to inIclude all the elements and all the instances is difficult to accomplish; the majority of the courts are content with a description, rather than a definition of the offense, as an agreement and combination of two or |