ness no crime; when considered. SEC. 22. No act committed by a person while in a state Drunkenof voluntary intoxication is less criminal by reason of his excuse for having been in such condition. But whenever the actual it may be existence of any particular purpose, motive, or intent is a necessary element to constitute any particular species or degree of crime, the jury may take into consideration the fact that the accused was intoxicated at the time, in determining the purpose, motive, or intent with which he committed the act. marks upon property, ing bills of SEC. 355. Every person who defaces or obliterates the Defacing marks upon wrecked property, or in any manner disguises wrecked the appearance thereof, with intent to prevent the owner and destroy from discovering its identity, or who destroys or suppresses lading. any invoice, bill of lading, or other document tending to show the ownership, is guilty of a misdemeanor. TITLE IX. OF CLAIMS AGAINST THE PERSON AND AGAINST PUBLIC CHAPTER XII. OTHER INJURIES TO PERSONS. and carriers receive SECTION 365. Every person, and every agent or officer of Innkeepers any corporation carrying on business as an innkeeper, or as refusing to a common carrier of passengers, who refuses, without just guests and cause or excuse, to receive and entertain any guest, or to receive and carry any passenger, is guilty of a misdemeanor. passengers. TITLE X. OF CRIMES AGAINST THE PUBLIC HEALTH AND SAFETY. explosions, SECTION 368. Every person having charge of any steam- Death from boiler or steam-engine, or other apparatus for generating or etc. employing steam, used in any manufactory, or on any railroad, or in any vessel, or in any kind of mechanical work, who willfully, or from ignorance or neglect, creates, or allows Death from collision on railroads. Engineer of locomotive engine omitting to ring bell when crossing highway. Intoxication of conductors, locomotives to be created, such an undue quantity of steam as to burst or break the boiler, engine, or apparatus, or to cause any other accident whereby the death of a human being is produced, is punishable by imprisonment in the State Prison for not less than one nor more than ten years. SEC. 369. Every conductor, engineer, brakeman, switchman, or other person having charge, wholly or in part, of any railroad, car, locomotive, or train, who willfully or negligently suffers or causes the same to collide with another car, locomotive, or train, or with any other object or thing whereby the death of a human being is produced, is punishable by imprisonment in the State Prison, for not less than one nor more than ten years. SEC. 390. Every person in charge of a locomotive engine who, before crossing any traveled public way, omits to cause a bell to ring or steam-whistle to sound at the distance of at least eighty rods from the crossing, and up to it, is guilty of a misdemeanor. *SEC. 391. Every person who is intoxicated while in engineers, charge of a locomotive engine, or while acting as conductor or or drivers of driver upon any railroad train or car, whether propelled by steam or drawn by horses, or while acting as train dispatcher or as telegraph operator, receiving or transmitting dispatches in relation to the movement of trains, is guilty of a misde or cars. Placing passenger of freight cars. meanor. †SEC. 392. Every person who, in making up or running cars in front railroad trains, places or runs, or causes to be placed or run, any freight car in the rear of passenger cars, is guilty of a misdemeanor, and if loss of life or limb results from such placing or running, is guilty of felony. The term "freight car," as used in this section, does not include a baggage, express, or mail car. duty by Violation of SEC. 393. Every engineer, conductor, brakeman, switchemployés of tender, or other officer, agent, or servant of any railroad ompanies. company, who is guilty of any willful violation or omission railroad of his duty as such officer, agent, or servant, whereby human life or safety is endangered, the punishment of which is not otherwise prescribed, is guilty of a misdemeanor. #Compare section six, of chapter three, of Act relative to Commissioner of Transportation, approved April 1, 1878. Compare section one, of chapter three, of Act relative to Commissioner of Transportation, approved April 1, 1878. TITLE XIII. OF PUBLIC CRIMES AGAINST PROPERTY. CHAPTER IV. FORGERY AND COUNTERFEITING. ing or forg check, etc., company. SECTION 481. Every person who counterfeits, forges, or Counterfeit alters any ticket, check, order, coupon, receipt for fare or pass, ing ticket. issued by any railroad company, or by any lessee or manager of railroad" thereof, designed to entitle the holder to ride in the cars of such company, or who utters, publishes, or puts into circulation, any such counterfeit or altered ticket, check, or order, coupon, receipt for fare or pass, with intent to defraud any such railroad company, or any lessee thereof, or any other person, is punishable by imprisonment in the State Prison, or in the County Jail, not exceeding one year, or by fine not exceeding one thousand dollars, or by both such imprisonment and fine. (New section, approved March 30, 1874; Amendments 1873-4, 433; took effect July 1, 1874.) canceled check, etc company, or same in payment of SEC. 482. Every person who, for the purpose of restoring Restoring to its original appearance and nominal value in whole or in ticket, part, removes, conceals, fills up, or obliterates, the cuts, of railroad marks, punch-holes, or other evidence of cancellation, from offering the any ticket, check, order, coupon, receipt for fare or pass, paym issued by any railroad company, or any lessee or manager thereof, canceled in whole or in part, with intent to dispose of by sale or gift, or to circulate the same, or with intent to defraud the railroad company, or lessee thereof, or any other person, or who, with like intent to defraud, offers for sale, or in payment of fare on the railroad of the company, such ticket, check, order, coupon, or pass, knowing the same to have been so restored, in whole or in part, is punishable by imprisonment in the County Jail, not exceeding six months, or by a fine not exceeding one thousand dollars, or by both such imprisonment and fine. (New section, approved March 30, 1874; Amendments 1873-4, 433; took effect July 1, 1874.) SEC. 493. If the thing stolen is any ticket or other paper Value of or writing entitling or purporting to entitle the holder or tickets. proprietor thereof to a passage upon any railroad or vessel passage Written instruments completed but not delivered. or other public conveyance, the price at which tickets entitling a person to a like passage are usually sold by the proprietors of such conveyance is the value of such ticket, paper, or writing. SEC. 494. All the provisions of this chapter apply where the property taken is an instrument for the payment of money, evidence of debt, public security, or passage ticket, completed and ready to be issued or delivered, although the same has never been issued or delivered by the makers thereof to any person as a purchaser or owner. "Embezzlement " When carrier or having transportation, for hire, guilty CHAPTER VI. EMBEZZLEMENT. SECTION 503. Embezzlement is the fraudulent appropria defined. tion of property by a person to whom it has been intrusted. SEC. 505. Every carrier or other person having under his other person control personal property for the purpose of transportation for property for hire, who fraudulently appropriates it to any use or purpose inconsistent with the safe keeping of such property and its of embezzle- transportation according to his trust, is guilty of embezzlement, whether he has broken the package in which such property is contained, or has otherwise separated the items thereof, or not. ment. CHAPTER VII. "Extortion" defined. What threats may constitute extortion. EXTORTION.* SECTION 518. Extortion is the obtaining of property from another, with his consent, induced by a wrongful use of force or fear, or under color of official right. SEC. 519. Fear, such as will constitute extortion, may be induced by a threat, either: 1. To do an unlawful injury to the person or property of the individual threatened, or to any relative of his, or member of his family; or, *Compare chapter two, of Act relative to Commissioner of Transportation, approved April 1, 1878. 2. To accuse him, or any relative of his or member of his family, of any crime; or, 3. To expose, or impute to him or them any deformity or disgrace; or, 4. To expose any secret affecting him or them. of extortion cases. SEC. 520. Every person who extorts any money or other Punishment property from another, under circumstances not amounting in certain to robbery, by means of force, or any threat, such as is mentioned in the preceding section, is punishable by imprisonment in the State Prison not exceeding five years. of extortion under color right. means of SEC. 521. Every person who commits any extortion under Punishment color of official right, in cases for which a different punish- committed ment is not prescribed in this Code, is guilty of a misdemeanor. of official SEC. 522. Every person who, by any extortionate means, obtaining obtains from another his signature to any paper or instru- signature by ment, whereby, if such signature were freely given, any property would be transferred, or any debt, demand, charge, or right of action created, is punishable in the same manner as if the actual delivery of such debt, demand, charge, or right of action were obtained. threats. threatening intent to money, etc. SEC. 523. Every person who, with intent to extort any Sending money or other property from another, sends or delivers to letters with any person any letter or other writing, whether subscribed extort or not, expressing or implying, or adapted to imply, any threat such as is specified in section, five hundred and nineteen, is punishable in the same manner as if such money or property were actually obtained by means of such threat. SEC. 524. Every person who unsuccessfully attempts, by Attempts to means of any verbal threat, such as is specified in section five money or hundred and nineteen, to extort money or other property means of from another, is guilty of a misdemeanor. extort property by verbal threats. railroad SEC. 525. Every officer, agent, or employé of a railroad officers of company who asks or receives a greater sum than is allowed companies by law for the carriage of passengers or freight, is guilty of a overcharges. misdemeanor. making 24* |