which the conspiracy must be entered into. -People v. Holmes, 118 Cal. 444, 459, 50 Pac. 675. As to place where a conspiracy is committed, see note, 44 Am. St. Rep. 82. 74. Police-officer convicted under above section with having joined other officers of the police force of San Francisco in a conspiracy with a gang of confidence operators to protect the latter in their criminal activities, his office becomes vacant ipso facto, in view of article XVI, section 10, of the San Francisco charter, notwithstanding the provisions in article VIII, section 7, prohibiting a dismissal for any cause except after trial before the police commissioners, had upon due notice of the time and place, because the latter provision relates to trials generally before the commission, while the former promulgates a rule upon which offices of the municipality become vacant under certain and carefully defined conditions.-MacPhee v. Board of Police Commissioners, 36 Cal. App. 308, 171 Pac. 1086, following McKannay v. Horton, 151 Cal. 711, 121 Am. St. Rep. 146, 15 L. R. A. (N. S.) 661, 91 Pac. 598. 75. Question for jury-Whether act part of conspiracy.-Where a labor union had adopted a resolution to go to a contractor and ask him to quit work, and in pursuance of such resolution a large number of the members of the union went to place where he was at work, and he ceased work at their request, it is a question for the jury whether acts terminating in the death of the contractor, committed by such members after he ceased work, was a part of the original agreement or conspiracy.-People v. Holmes, 118 Cal. 444, 459, 50 Pac. 675. 76. Sentence-As to generally.-Sentence of parties convicted of the crime of conspiracy to obtain money under false pretenses to the maximum penalty allowed by law is not invalid, though the punishment is as great as that for conspiracy to murder, the law having made no distinction. -Ex parte Rosenheim, 83 Cal. 388, 389, 23 Pac. 372. 77. Same- Imprisonment to work out fine under a sentence, on conviction for conspiracy, to a year's imprisonment and a certain fine, is not authorized, section 1205 of the Penal Code not applying to such case. Ex parte Rosenheim, 83 Cal. 388, 389, 23 Pac. 372; overruling People v. Righetti, 66 Cal. 184, 4 Pac. 1163, 1185. against Com 78. Trade-Conspiracy bination fixing prices, etc., is made a conspiracy against trade, punishable by a fine of not less than fifty dollars nor more than five thousand dollars, or by imprisonment not less than six months and not more than one year, or by both fine and imprisonment. -Act March 23, 1907, § 4, Stats. and Amdts. 1907, p. 985; 2 Henning's General Laws (3d ed.), p. —. 79. Same-Same-Same — Agreement between wholesale bakers, whereby they fix the retail price of bread to be sold by them to retailers at fifteen cents per loaf, and further agree that they will not sell bread at wholesale to any retailer who does not maintain the price thus fixed by them, is in violation of the Cartwright Anti-Trust Act. -People v. H. Jevne Co., 179 Cal. 621, 178 Pac. 517. As to contracts in partial restraint of trade as affected by modern anti-trust laws, see note, L. R. A. 1917A, 379. 80. Same-Same-Same-Indictment, sufficiency of.-An indictment charging a violation of the Cartwright Anti-Trust Act is not defective in failing to allege that the combination or agreement complained of does not come within the permissive scope of the proviso of section 1 added to that act declaring that no agreement, combination, or association shall be deemed to be unlawful, the object and business of which are to conduct its operation at a reasonable profit, or to market at a reasonable profit those products which can not be otherwise so marketed.-People v. H. Jevne Co., 179 Cal. 621, 178 Pac. 517. As to sufficiency of indictment generally, see pars. 48-57, this note. 81. does Same-Same-Punishment-Act not designate the place of imprisonment, and leaves room for a grave doubt whether aggravated offense justifying the infliction of the maximum penalty is a misdemeanor or a felony. an § 183. NO OTHER CONSPIRACIES PUNISHABLE CRIMINALLY. No conspiracies, other than those enumerated in the preceding section, are punishable criminally. History: Enacted February 14, 1872, founded on § 103 Criminal § 184. OVERT ACT, WHEN NECESSARY. [PLACE OF TRIAL].-No agreement amounts to a conspiracy, unless some act, beside 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. History: Enacted February 14, 1872, founded on § 104 Criminal CONSPIRACY-OVERT ACT. 1. Any act done in pursuance of conspiracy. 2. Commencement of action of slander. 3. Indictment. 4. Same-Change of common-law rule. 5. Overt act of any one of conspirators. 6. Same-Filing complaint in slander. 1. Any act done in pursuance of conspiracy is no constituent part of the offense, but merely an aggravation of it; offense is complete when confederacy is made.Commonwealth v. Judd, 2 Mass. 329, 3 Am. Dec. 54. 2. Commencement of action of slander, by filing complaint therein, construed to be an overt act in a conspiracy to maintain an action of slander.-People v. Hamberg, 84 Cal. 468, 472, 24 Pac. 298. See par. 6, this note. 3. Indictment.-At common law, overt acts which may have been done by any one or more of the conspirators in order to effect the common purpose of the conspiracy are not essential to be set out in an indictment.-People v. Richards, 1 Mich. 216, 51 Am. Dec. 75, 78. As to indictment generally, see, ante, § 182, note pars. 48-57 and 80. nor. 4. Same-Change of common-law rule by above section. Under common-law rule, conspiracy to do an unlawful act, or to do a lawful act in illegal, fraudulent, or malicious manner, or for a corrupt purpose, or for a purpose which has a tendency to prejudice the public in general, is an indictable offense, even though nothing be done in execution of such conspiracy, and no matter by what means the conspiracy was to be effected, which makes no ingredient of the crime, and therefore overt act need not be set out in the indictment proved on the trial.-See Ala. State v. Cawood, 2 Stew. 360. Conn. State v. Setter. 57 Conn. 461, 14 Am. St. Rep. 121, 18 Atl. 782. Ind. Landringham v. State, 49 Ind. 186. Me. State V. Ripley, 31 Me. 386. Md. State v. Buchanan, 5 Har. & J. 317, 9 Am. Dec. 534. Mass. Commonwealth v. Eastman, 1 Cush. 189, 48 Am. Dec. 596; Commonwealth v. Hunt, 4 Met. 111, 38 Am. Dec. 346; Morgan v. Bliss, 2 Mass. 112; Commonwealth v. Judd, 2 Mass. 337, 3 Am. Dec. 54; Commonwealth v. Warren, 6 Mass. 74; Commonwealth V. Hunt, Thach. Cr. Cas. 609. Mich. People v. Richards, 1 Mich. 216, 51 Am. Dec. 75, 78; Alderman v. People, 4 Mich. 414, 69 Am. Dec. 321; People v. Saunders, 25 Mich. 119. Minn. State v. Pulle, 12 Minn. 164. Miss. Isaacs v. State, 48 Miss. 234. N. H. State v. Strow, 42 N. H. 393. N. J. State v. Rickey, 9 N. J. L. 393. N. Y. People v. Mather, 4 Wend. 259, 21 Am. Dec. 122. N. C. State v. Younger, 1 Dev. L. 357, 17 Am. Dec. 571; State v. Christianbury, Busb. L. 48. Pa. Hinchmun v. Richie, Brightly 143; Respublica v. Ross, 2 Yeates 1; Com monwealth v. Carhies, 8 Phila. 450; Commonwealth v. Bliss, 12 Phila. 580; Commonwealth v. Goldsmith, 12 Phila. 632; Collins v. Commonwealth, 3 Serg. & R. 220; Commonwealth v. McKisson, 8 Serg. & R. 420, 11 Am. Dec. 630; Heine v. Commonwealth, 91 Pa. St. 145. R. I. State v. Bacon, 27 R. I. 252, 61 Atl. 653. Tex. Johnson v. State, 3 Tex. App. 590; Dill v. State, 35 Tex. Cr. App. 240, 33 S. W. 126 (withdrawal from the combination before execution of the undertaking no bar to prosecution). Vt. State V. Noyes, 25 Vt. 415. Wis. State v. Crowley, 41 Wis. 271. Fed. United States v. Donau, 11 Blatchf. C. C. 168; United States v. Martin, 4 Cliff. C. C. 162; United States v. Walsh, 5 Dill. C. C. 60; United States v. Gardner, 42 Fed. 892. 5. Overt act of any one of conspirators, where act is done in pursuance of the conspiracy agreement, is the overt act of all the coconspirators. This is the rule at common law as well as the rule under the above statute.-See Ala. Williams v. State, 81 Ala. 1, 60 Am. Rep. 133, 1 So. 74; Martin v. State, 89 Ala. 115, 18 Am. St. Rep. 91, 8 So. 23; Gibson v. State, 89 Ala. 121, 18 Am. St. Rep. 96, 8 So. 98; Evans v. State, 119 Ala. 11, 19 So. 535. Conn. Gardner v. Preston, 2 Day 205, 2 Am. Dec. 91. Ga. Horton v. State, 66 Ga. 690. Ill. Spies v. People, 122 Ill. 179, 3 Am. St. Rep. 320, 12 N. E. 865, 17 Id. 898. Iowa. State v. Munchrath, 78 Iowa, 270, 43 N. W. 211; Allen v. Kirk, 81 Iowa 658, 47 N. W. 906. Ky. Metcalf v. Conner, Litt. Sel. Cas. 497, 12 Am. Dec. 340. Me. Strout v. Packard, 76 Me. 143, 49 Am. Rep. 601. Mass. Commonwealth v. Campbell, 7 Allen 541, 83 Am. Dec. 705; Commonwealth v. Crowninshield, 10 Pick. 497. Miss. Hairston v. State, 54 Miss. 689, 29 Am. Dec. 392; Story v. State, 68 Miss. 609, 626, 10 So. 47. Mo. State v. Walker, 98 Mo. 959, 9 S. W. 646, 11 Id. 1133. N. C. State v. Anderson, 92 N. C. 732. Pa. Collins v. Commonwealth, 3 Serg. & R. 220; Commonwealth v. Westerwealth, 11 Phila. 461. Tex. Hardin V. State, 4 Tex. App. 355; Bowers v. State, 24 Tex. App. 422, 5 Am. St. Rep. 901, 7 S. W. 247; Phillips v. State, 26 Tex. App. 228, 8 Am. St. Rep. 471, 9 S. W. 557; Harris V. State. 31 Tex. Cr. Rep. 411, 26 S. W. 916. Fed. United States v. Smith, 1 Dill. C. C. 212; United States v. Babcock, 3 Dill. C. C. 585; United States v. Sacia, 2 Fed. 754; United States v. Lancaster, 44 Fed. 896; United States v. Cassidy, 67 Fed. 698; United States v. Mitchell, 1 Hughes C. C. 439; United States v. Butler, 1 Hughes C. C. 457; United States v. Callicot, 1 Int. Rev. Rec. 177; United States v. Doyle, 6 Sawy. C. C. 612. Eng. Rex v. Hammond, 2 Esp. (N. P.) 719. 6. Same-Filing complaint in slander constitutes an overt act in pursuance of conspiracy to maintain an action of slander, and the filed complaint may be introduced in evidence.-People v. Daniels, 105 Cal. 262, 38 Pac. 720. See par. 2, this note. $ 185. WEARING MASK, FALSE WHISKERS, ETC. It shall be unlawful for any person to wear any mask, false whiskers, or any personal disguise (whether complete or partial) for the purpose of: 1. Evading or escaping discovery, recognition, or identification in the commission of any public offense; 2. 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. History: Enacted March 30, 1874, Code Amdts. 1873-4, p. 426. TITLE VIII. OF CRIMES AGAINST THE PERSON. Chapter I. HOMICIDE, §§ 187-199. II. MAYHEM, §§ 203, 204. III. KIDNAPPING, §§ 207-209. IV. ROBBERY, §§ 211-214. V. ATTEMPTS TO KILL, §§ 216-219. VI. ASSAULTS WITH INTENT TO COMMIT FELONY, OTHER THAN ASSAULTS WITH VII. DUELS AND CHALLENGES, §§ 225-232. $187. Murder defined. CHAPTER I. HOMICIDE. § 188. Malice defined. [Express and implied malice.] $ 189. Degrees of murder. $ 190. Punishment of murder. $191. Petit treason abolished. § 192. Manslaughter defined. Voluntary and involuntary manslaughter. $193. Punishment of manslaughter. § 194. Deceased must die within a year and a day. $195. Excusable homicide. § 196. Justifiable homicide by public officers. § 197. Justifiable homicide by other persons. § 198. Bare fear not to justify killing. § 199. Justifiable and excusable homicide not punishable. § 187. MURDER DEFINED. Murder is the unlawful killing of a human being, with malice aforethought. History: Enacted February 14, 1872, founded upon § 19 Criminal 39. Blackboard and other diagram-Ad- 40. Same-Model of premises. 43. Same-Character of accused not in 44, 45. Same-Evidence of good character. 46. Same-Evidence of good disposition. 47. Same-Evidence as to character of prisoner for peace and quiet. 48. Same-Evidence of defendant's previous good character. 49. Same-Evidence of other specific wrongful acts. 50. Same-Evidence tending to show low and degraded character of defendant. 51. Same-Good character of prisoner, when proved, is fact in case. 52. Same-Inquiry as to character of prisoner. 53. Same-Previous history of defendant, examination of. 54. Character of deceased-Evidence of excluded when. 55. Circumstantial evidence-As to sufficiency of. 56. Same-Blood stains on shoes and overalls. 57, 58. Same-Clothing worn by deceased at time of homicide. 59. Same-Clothing and other articles found upon person of defendant. 60. Same-Conflicting statements of defendant. 61. Same-Objection to evidence on production of clothing. 62-68. Confessions made by defendant-As to generally. 69. Same As to voluntary confession, and right of court. 70. Same-Any testimony voluntarily given as a witness. 71. Same-Confessions made under influence. 72. Confession not conclusion of law. 73. Conspiracy-Acts of coconspirator. 74. Same-Acts and declarations of coconspirator. 75. Same-Conspiracy growing out of labor disputes. 76-78. Same-Conspiracy among prisoners to escape from jail. 79. Same-Conspiracy to rob-Homicide resulting from. 80. Same-Evidence of coconspirator, under agreement to rob. 81. Same - Evidence when admissible. of conversation, 102. Declarations by accused-Admissibility of. 103. Same-Declaration of defendant to deceased. 104. Evidence of all collateral facts-Inadmissible. 105. Evidence relating to footprintsCompetency of. 106. Evidence at former trial-Admissible where witness dead. 107. Exclamations and acts Of prisoner's wife. 108. Expressions made by deceased-At time he was shot. 109. Expert testimony-As to gunshot wounds. 110. Same-Evidence of doctor as to position. 111. Same-Evidence of expert as to character of blood. 112. Same-Gunsmith called as expert. 113. Same-Place of entrance and exit of bullet. 114. Same Powder-marks on skin. 115. Same Size of bullet. 116. Extra-judicial statement-Instruc tion. 117. Facts explaining conduct of aceused-Admissibility of. 118. Same-Facts showing extent of passion aroused. 119, 120. Flight of accused-Admissibility of evidence of. 121. Same-Flight, pursuit, and capture of defendant. 122. Same-Flight is not of itself evidence of guilt. 123. Flight from mob-Raises no presumption. 124. Forgery of prescription-Admissibility of. 125. Hatred, ill-will, etc.-Evidence of. 126. Jealousy on part of slayer-Proof of. 127. Intent and act-Must both concur. 128. Same-Intent may be proved by evidence direct or indirect. 129. Malice-Prosecution is entitled to prove. 130. Medical works-Not admissible in evidence. 131. Memorandum used in asking questions-Need not be filed. 132. Money in possession of deceasedAdmissibility of evidence to show, when. 133. Newspaper article Written and published by defendant. 134. Same-Newspaper account of killing. 135. Other crimes-Evidence of, not permitted. 136. Same-Exception to rule. 137. Proof of motive-Essential. 138. Proof of unlawful act-May be made. 139. Photograph-Of deceased, taken 140. Same Of locality of homicide. 142. Pistol and bullets-Other than those 143. Possession by defendant-Of burglar's tools. 144. Same Of money, secreted in box or on person. 145. Same Of slungshot. 146, 147. Res gesta-Anything connected with unlawful act of killing. 148. Same-Attempt at robbery. 149. Restriction of cross-examination. 150-152. Results of experiments-Admissibility of evidence of. 153. Rule as to privileged communications -Between party and his physi cian. 154. Shots fired inside building - Evidence as to sound of. 155. Similarity of bullets-Admissibility of evidence as to. 156. Statements made by prisoner-Before coroner's jury. 157. Same-While testifying as witness in another case. 158. Same Statement to police-officer. 159. Statements made by third personIn presence of prisoner. 160, 161. Threats by accused-As to admissibility of in evidence. 162, 163. Same-Against deceased. 164. Same Same-An isolated complete sentence, admissible. 165. Same-Communication of threat un |