CHAPTER 59.
GENERAL PROVISIONS.
|
Section. 6935. Acts punishable in different ways. 6936. Acts punishable under foreign law. 6937. Foreign conviction or acquittal. 6938. Contempts punishable as crimes. 6939. Mitigation of punishment. 6940. Aiding in a misdemeanor. 6941. Sending letter, when complete. 6942. Failure to perform duty. 6943. Attempts to commit crimes. 6944. Failures to commit crimes, punishable how. 6945. Restriction of last two sections. 6946. Second offenses, increased penalty. 6947. Attempt to conceal death of child 6948. Other attempts-Increased penalty for subsequent offenses. 6949. Foreign conviction. 6950. Two or more terms of imprisonment. 6951. Imprisonment for lite. 6952. Sentence, how to be limited. 6953. Juvenile offenders. 6954. Fine added to imprisonment. 6955. Civil rights suspended. 6956. Civil death. 6957. Person of convict protected. 6958. Conviction does not work forfeiture. 6959. Testimony-Privilege of witnesses and perjury.
|
Section. 6960. Definition of terms. 6961. Wilfully, defined 6962. Neglect-Negligence. 6963. Corruptly. 6964. Malice-Malicious. 6965. Knowingly. 6966. Bribe. 6967. Vessel. 6968. Peace officer. 6969. Magistrate. 6970. Signature. 6971. Writing includes printing. 6972. Real property 6973. Personal property. 6974. Property defined. 6975. Person defined. 6976. Same-Includes governmente. 6977 Singular includes plural. 6978. Gender. 6979. Present tense. 6980. Intent to defraud, 6981. Civil remedies not affected. 6992. Proceedings to impeach or remove. 6983. Military punishment. 6984. Fines to go to county general fund. 6985. Costs to be taxed against defendant.
|
s. 743, Pen. C.
§ 6935. An act or omission which is made punishable in different ways by different provisions of this code or other penal statute, may be punished under either of such provisions, except that in the cases specified in sections 6946 to 6949, inclusive, the punishments therein prescribed are substituted for those prescribed for a first offense, but in no case can it be punished under more than one; and an acquittal or conviction and sentence under either one, bars a prosecution for the same act or omission under any other.
Acts punishable under foreign law.s. 744, Pen. C.
§ 6936. An act or omission declared punishable by this code, is not less so because it is also punishable under the laws of another state, government or country, unless the contrary is expressly declared in this code.
Foreign conviction or acquittal.s. 745, Pen. C.
§ 6937. But whenever it appears upon the trial of an indictment that the accused has already been acquitted or convicted upon any criminal prosecution under the laws of another state, government or country, founded upon the act or omission in respect to which he is upon trial, this is a sufficient defense.
Contempts punishable as crimes.s. 746, Pen. C.
§ 6938. A criminal act is not the less punishable as a crime because it is also declared to be punishable as a contempt.
Mitigation of punishment.s. 747, Pen. C.
§ 6939 But where it is made to appear at the time of passing sentence upon a person convicted upon indictment, that such person has already paid a fine or suffered an imprisonment for the act which he stands convicted, under an order adjudging it a contempt, the court authorized to pass sentence may mitigate the punishment to be imposed, in its discretion.
Aiding in misdemeanor.s. 748, Pen. C.
§ 6940 Whenever an act is declared a misdemeanor, and no punishment for counseling or aiding in the commission of such act is expressly prescribed by law, every person who counsels or aids another in the commission of such act is guilty of a misdemeanor.
Sending letter, when complete.s. 749, Pen. C. § 6941. In the various cases in which the sending of a letter is made criminal by this code, the offense is deemed complete from the time when such letter is deposited in any postoffice or
1139
