CHAPTER III. ESCAPES, AND AIDERS THEREIN. § 105. Escapes from state prison, punishment § 109. Assisting prisoners to escape. of. § 109a. Escape from state hospitals. § 110. Carrying into prison things useful to aid in escape. § 111. Expense of trial for escape. § 105. ESCAPES FROM STATE PRISON, PUNISHMENT OF. Every prisoner confined in a state prison, for a term less than for life, who escapes therefrom, is punishable by imprisonment in a state prison for a term of not less than one year; said second term of imprisonment to commence from the time he would otherwise have been discharged from said prison. Enacted February 14, 1872; amendment approved April 16, 1880, Code Amdts. 1880 (Pen. C. Pt.), p. 43; March 21, 1905, Stats. and Amdts. 1905, p. 723. As to escape from hospitals, see post, § 109a. As to officer suffering convicts to escape, see post, § 108. As to killing escaped prisoner in attemuting recapture being justifiable homicide, see post, § 196. As to punishment for assisting prisoners to escape, see post, § 109. § 106. ATTEMPT TO ESCAPE FROM STATE PRISON. Every person committed to a state prison for a term less than life, who escapes or attempts to escape while being conveyed to or from or while confined within such prison or while at work outside such prison under the surveillance of prison guards[,] is guilty of a felony[,] and on conviction thereof the term of imprisonment therefor shall commence from the time such convict would otherwise have been discharged from said prison. Enacted February 14, 1872; amendment approved April 16, 1880, Code Amdts. 1880 (Pen. C. pt.), p. 42; May 9, 1921, Stats. and Amdts. 1921, p. 77. In effect July 29, 1921. § 107. ESCAPES FROM OTHER THAN STATE PRISON. Every prisoner charged with or convicted of a felony who is confined in any jail or prison or an inmate of any public training school or reformatory or county hospital, or who is engaged on any county road or other county work or who is in the lawful custody of any officer or person, who escapes or attempts to escape from such jail, prison, public training school, reformatory or county hospital, or from the custody of the officer or person in charge of him while engaged on or going to or returning from such county work or from the custody of any officer or person in whose lawful custody he is, is guilty of a felony and is punishable as provided in section one hundred eight of the Penal Code. Enacted February 14, 1872, amendment approved May 8, 1923, Stats. and Amdts. 1923, p. 270. In effect August 16, 1923. § 108. OFFICERS SUFFERING CONVICTS TO ESCAPE. Every keeper of a prison, sheriff, deputy sheriff, constable, or jailer, or person employed as a guard, who fraudulently contrives, procures, aids, connives at, or voluntarily permits the escape of any prisoner in custody, is punishable by imprisonment in the state prison not exceeding ten years, and fine not exceeding ten thousand dollars. 241. Enacted February 14, 1872, founded on § 99 Criminal Practice Act, Stats. 1850, p. § 109. ASSISTING PRISONERS TO ESCAPE. Any person who wilfully assists any paroled prisoner whose parole has been revoked, any escape, any prisoner confined in any prison or jail, or any inmate of any public training school or reformatory, or any person in the lawful custody of any officer or person, to escape, or in an attempt to escape from such prison or jail, or public training school or reformatory, or custody, is punishable as provided in section one hundred and eight of the Penal Code. Enacted February 14, 1872, founded on § 98 Criminal Practice Act, Stats. 1850, p. 241; amendment by Code Commission, Act March 16, 1901, Stats. and Amdts. 1900-1, p. 443, act held unconstitutional, see history, § 5 ante; amendment re-enacted March 21, 1905, Stats. and Amdts. 1905, p. 647; amendment approved March 15, 1907, Stats. and Amdts. 1907, p. 271, Kerr's Stats. and Amdts. 1906-7, p. 528. In effect immediately. § 109a. ESCAPES FROM STATE HOSPITALS. Any person who wilfully assists any inmate of a state hospital to escape, or in an attempt to escape therefrom, is guilty of a misdemeanor. Enactment approved May 5, 1917, Stats. and Amdts. 1917, p. 275. In effect July 27, 1917. § 110. CARRYING INTO PRISON THINGS USEFUL TO AID IN ESCAPE. Every person who carries or sends into a prison, jail, public training school, or reformatory, anything useful to aid a prisoner or inmate in making his escape, with intent thereby to facilitate the escape of any prisoner or inmate confined therein, is punishable as provided in section one hundred and eight. Enacted February 14, 1872, founded on § 96 Criminal Practice Act, Stats. 1850, p. 241; amendment by Code Commission, Act March 16, 1901, Stats. and Amdts. 1900-1, p. 443, held unconstitutional, see history, § 5 ante; amendment re-enacted March 21, 1905, Stats. and Amdts. 1905, p. 647. § 111. EXPENSE OF TRIAL FOR ESCAPE. Whenever a trial is had of any person under any of the provisions of sections one hundred and five and one hundred and six, and whenever a convict in the state prison is tried for any crime committed therein, the county clerk of the county where such trial is had must make out a statement of all the costs incurred by the county for [1] the trial of such case, and [2] of guarding and keeping such convict, and [3] of the execution of the sentence of such convict, properly certified to by a judge of the superior court of such county, which statement must be sent to the board of state prison directors for their approval; and after such approval, said board must cause the amount of such costs to be paid out of the money appropriated for the support of the state prison, to the county treasurer of the county where such trial was had. Enactment approved April 6, 1880, Code Amdts. 1880 (Pen. pt.), p. 9; amendment by Code Commission, Act March 16, 1901, Stats. and Amdts. 1900-1, p. 443, held unconstitutional, see history, § 5 ante; amendment re-enacted March 22, .1905, Stats. and Amdts. 1905, p. 774. CHAPTER IV. FORGING, STEALING, MUTILATING, AND FALSIFYING JUDICIAL AND PUBLIC RECORDS AND DOCUMENTS. § 113. Larceny, destruction, etc., of records by officers, having them in custody. § 114. Larceny, destruction, etc., of records by other persons. § 115. Offering false or forged instruments to be filled of record. § 116. Adding names, etc., to jury-lists. § 113. LARCENY, DESTRUCTION, ETC., OF RECORDS BY OFFICERS, HAVING THEM IN CUSTODY. Every officer having the custody of any record, map, or book, or of any paper or proceeding of any court, filed or deposited in any public office, or placed in his hands for any purpose, who is guilty of [1] stealing, [2] wilfully destroying, [3] mutilating, [4] defacing, [5] altering or [6] falsifying, [7] removing or [8] secreting the whole or any part of such record, map, book, paper, or proceeding, or who [9] permits any other person so to do, is punishable by imprisonment in the state prison not less than one nor more than fourteen years. 240. $114. Enacted February 14, 1872, founded on § 87 Criminal Practice Act, Stats. 1850, p. As to detaining or withholding and refusal to surrender public records by officer deposed, etc., see ante § 76. § 114. LARCENY, DESTRUCTION, ETC., OF RECORDS BY OTHER PERSONS. Every person not an officer such as is referred to in the preceding section, who is guilty of any of the acts specified in that section, is punishable by imprisonment in the state prison not exceeding five years, or in a county jail not exceeding one year, or by a fine not exceeding one hundred dollars, or by both. 240. Enacted February 14, 1872, founded on § 87 Criminal Practice Act, Stats. 1850, p. As to destruction, larceny, mutilation, etc., of public records by public officer having them in charge, see ante, § 113. § 115. OFFERING FALSE OR FORGED INSTRUMENTS TO BE FILED OF RECORD. Every person who knowingly procures or offers any false or forged instrument to be filed, registered, or recorded in any public office within this state, which instrument, if genuine, might be filed, or registered, or recorded under any law of this state or of the United States, is guilty of felony. Enacted February 14, 1872. § 116. ADDING NAMES, ETC., TO JURY-LISTS. Every person who adds any names to the list of persons selected to serve as jurors for the county, either by [1] placing the same in the jury-box or otherwise, or [2] extracts any name therefrom, or [3] destroys the jury-box, or any of the pieces of paper containing the names of jurors, or [4] mutilates or defaces such names so that the same cannot be read, or [5] changes such names on the pieces of paper, except in cases allowed by law, is guilty of a felony. Enacted February 14, 1872; amended March 30, 1874, Code Amdts. 1873-4, p. 425. § 117. FALSIFYING JURY-LISTS, ETC. Every officer or person required by law to certify to the list of persons selected as jurors who maliciously, corruptly, or wilfully [1] certifies to a false or incorrect list, or [2] a list containing other names than those selected, or who, [3] being required by law to write down the names placed on the certified lists on separate pieces of paper, does not write down and place in the jury-box the same names that are on the certified list, and no more and no less than are on such list, is guilty of a felony. Enacted February 14, 1872. 1 § 118. PERJURY DEFINED. Every person who, having taken an oath that he will testify, declare, depose, or certify truly before any competent tribunal, officer, or person, in any of the cases in which such an oath may by law be administered, wilfully and contrary to such oath, states as true any material matter which he knows to be false, is guilty of perjury. Enacted February 14, 1872, founded on § 82 Criminal Practice Act, Stats. 1850, p. 239. As to false annual report of building and loan association constituting perjury, see Kerr's Small C. C. O. § 645. As to falsehood in written statement, verified, as to death or disability of insured in mutual company constituting perjury, see Kerr's Small C. C. § 453j. As to Irregularity in administration of oath not constituting a defense, see post, § 121. § 118a. FALSE AFFIDAVITS AS TO AFFIANT'S TESTIMONY. Any person who, in any affidavit taken before any person authorized to administer oaths, swears, affirms, declares, deposes, or certifies that he will testify, declare, depose, or certify before any competent tribunal, officer, or person, in any case then pending or thereafter to be instituted, in any particular manner, or to any particular fact, and in such affidavit wilfully and contrary to such oath states as true any material matter which he knows to be false, is guilty of perjury. In any prosecution under this section, the subsequent testimony of such person, in any action involving the matters in such affidavit contained, which is contrary to any of the matters in such affidavit contained, shall be prima facie evidence that the matters in such affidavit were false. Enactment by Code Commission, Act March 16, 1901, Stats. and Amdts. 1900-1, p. 443, held unconstitutional, see history, § 5 ante; re-enacted March 21, 1905, Stats. and Amdts. 1905, p. 648. § 119. OATH DEFINED. The term "oath," as used in the last two sections, includes an affirmation and every other mode authorized by law of attesting the truth of that which is stated. Enacted February 14, 1872; amendment by Code Commission, Act March 16, 1901, Stats and Amdts. 1900-1, p. 444, held unconstitutional, see history, § 5 ante; amendment re-enacted March 21, 1905, Stats. and Amdts. 1905, p. 648. As to irregularity in administering oath not constituting a defense, see post § 121. As to manner of administering oath, no special formality required, see Kerr's Small C. C. P. §§ 2093-2097. As to oath including affirmation, see ante, § 7. § 120. OATH OF OFFICE. So much of an oath of office as relates to the future performance of official duties is not such an oath as is intended by the two [three] preceding sections. Enacted February 14, 1872. As to oath of office and Its form generally, see Kerr's Small Pol. Code, §§ 904-910. § 121. IRREGULARITY IN ADMINISTERING OATH. It is no defense to a prosecution for perjury that the oath was administered or taken in an irregular manner, or that the person accused of perjury did not go before, or was not in the presence of, the officer purporting to administer the oath, if such accused caused or procured such officer to certify that the oath had been taken or administered. Enacted February 14, 1872; amendment by Code Commission, Act March 16, 1901, Stats. and Amdts. 1900-1, p. 444, held unconstitutional, see history, § 5 ante; amendment re-enacted March 21, 1905, Stats. and Amdts. 1905, p. 648. As to manner of administering oath, no formality required, see Kerr's Small C. C. P. §§ 2033-2037. § 122. INCOMPETENCY OF WITNESS NO DEFENSE. It is no defense to a prosecution for perjury that the accused was not competent to give the testimony, deposition, or certificate of which falsehood is alleged. It is sufficient that he did give such testimony or make such deposition or certificate. Enacted February 14, 1872. § 123. WITNESS'S KNOWLEDGE OF MATERIALITY OF HIS TESTIMONY NOT NECESSARY. It is no defense to a prosecution for perjury that the accused did not know the materiality of the false statement made by him; or that it did not, in fact, affect the proceeding in or for which it was made. It is sufficient that it was material, and might have been used to affect such proceeding. Enacted February 14, 1872. § 124. MAKING DEPOSITION, ETC., WHEN DEEMED COMPLETE. The making of a deposition, affidavit or certificate is deemed to be complete, within the provisions of this chapter, from the time when it is delivered by the accused to any other person, with the intent that it be uttered or published as true. Enacted February 14, 1872; amendment by Code Commission Act March 16, 1901. Stats, and Amdts. 1900-1, p. 444, held unconstitutional, see history, § 5 ante; amendment re-enacted March 21, 1905, Stats. and Amdts. 1905, p. 648. 8 125. STATEMENT OF THAT WHICH ONE DOES NOT KNOW TO BE TRUE. An unqualified statement of that which one does not know to be true is equivalent to a statement of that which one knows to be false. Enacted February 14, 1872. § 126. PUNISHMENT OF PERJURY. Perjury is punishable by imprisonment in the state prison not less than one nor more than fourteen years. Enacted February 14, 1872, founded on § 82 Criminal Practice Act, Stats. 1850, p. 239. § 127. SUBORNATION OF PERJURY. Every person who wilfully procures another person to commit perjury is guilty of subornation of perjury, and is punishable in the same manner as he would be if personally guilty of the perjury so procured. Enacted February 14, 1872, founded on § 83 Criminal Practice Act, Sttas. 1850, p. 239. § 128. PROCURING THE EXECUTION OF INNOCENT PERSON. Every person who, by wilful perjury, or subornation of perjury, procures the conviction and execution of any innocent person, is punishable by death. 239. Enacted February 14, 1872, founded on § 83 Criminal Practice Act, Stats. 1850, p. |