§ 676. Acts committed out of the state.-A person who commits an act without this state which affects persons or property within this state, or the public health, morals, or decency of this state, and which, if committed within this state, would be a crime, is punishable as if the act were committed within this state. See § 678, post. TITLE XVIII. General Provisions. SEC. 677. When crimes punishable in different ways. 678. Acts punishable under foreign law. 679. Foreign conviction or acquittal. 680. Contempt, how punishable. 681. Mitigation of punishment in certain cases. 682 Rule for punishment of accessory. 683. Sending letter, when deemed complete. 684. Omission to perform duty. 685. Attempts to commit crimes. 686. Same. 687. Restrictions upon preceding sections. 689. Same. 690. Habitual criminals. 691. Person, etc., of habitual criminal. 693. Woman concealing birth of issue. 694. Imprisonment on two or more convictions. 696. Convict, when sentenced for life. 697. Sentence, how limited. 698. Imprisonment of female convict. 699. Persons between age of 16 and 21 years. 700. Persons between 16 and 30 years. 701. House of refuge. 702. Imprisonment in county jails. 703. Id. in county jail or state prison. 704. Id. in state prison. 705. Place to be specified in sentence; removal. 707. Forfeiture. 708. Consequence of sentence. 709. Convict protected by law. 710. Certain forfeitures abolished. 711. Convict voting. 712. Witnesses' testimony. 713. Sentence of minor. 714. Convict as witness. 715. Husband and wife as witnesses. 716. Creditor of convict. 717. Damage how ascertained. 718. Construction of terms. 719. Application of this Code to prior offenses. 721. Intent to defraud. 722. Civil remedies, preserved. 723. Proceedings to impeach, etc., preserved. 727. When act to take effect. § 677. When crimes punishable in different ways.— An act or omission which is made criminal and punishable in different ways, by different provisions of law, may be punished under any one of those provisions, but not under more than one; and a conviction or acquittal under one bars a prosecution for the same act or omission under any other provision. § 678. Acts punishable under foreign law. -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. See § 676, supra. § 679. Foreign conviction or acquittal. Whenever it appears upon the trial of an indictment, that the offense was committed in another state or country, or under such circumstances that the courts of this state or government had jurisdiction thereof, and that the defendant has already been acquitted or convicted on the merits upon a criminal prosecution under the laws of such state, or country, founded upon the act or omission in respect to which he is upon trial, such former acquittal or conviction is a sufficient defense. Code Cr. Proc., § 139. § 680. Contempt, how punishable.-A criminal act is not the less punishable as a crime, because it is also declared to be punishable as a contempt of court. See § 143, supra. Eagan v. Lynch, 3 Bro. Civ P., 236. § 681. Mitigation of punishment. Where it appears, at the time of passing sentence on a person convicted that he has already paid a fine or suffered an imprisonment for the act of which he stands convicted, under an order adjudging it a contempt, the court, passing sentence, may mitigate the punishment to be imposed, in its discretion. See § 143, supra. § 682. Punishment of accessory to misdemeanor.When an act or omission is declared by statute to be a misdemeanor, and no punishment for aiding or abetting in the doing thereof is expressly prescribed, every person who aids, or abets another in such act or omission is also guilty of a misdemeanor. 8ee31, supra. § 683. Sending letter, when deemed complete. — 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 post-office or other place, or delivered to any person, with intent that it shall be forwarded. And the party may be indicted and tried in any county wherein such letter is so deposited or delivered, or in which it is received by the person to whom it is addressed. See §§ 235, 558, 559, supra. § 684. Omission to perform duty, when not punishable. No person is punishable for an omission to perform an act, where such act has been performed by another person acting in his behalf, and competent by law to perform it. See § 117, 154, supra. § 685. Conviction for attempt when crime is consummated. A person may be convicted of an attempt to commit a crime, although it appears on the trial that the crime was consummated, unless the court, in its discretion, discharges the jury and directs the defendant to be tried for the crime itself. See §§ 31, 35, supra. §§ 686-€89. ATTEMPTS. SECOND OFFENSES. 218 § 686. Attempts, how punishable. — A person who unsuccessfully attempts to commit a crime is indictable and punishable, unless otherwise specially prescribed by statute, as follows: 1. If the crime attempted is punishable by the death of the offender, or by imprisonment for life, the person convicted of the attempt is punishable by imprisonment for not more than ten years. 2. In any other case, he is punishable by imprisonment for not more than half of the longest term, or by a fine not more than one-half of the largest sum, prescribed upon a conviction for the commission of the offense attempted, or by both such fine and imprisonment. § 687. Restrictions upon preceding sections.—The last section does not protect a person who, in attempting unsuccessfully to commit a crime, accomplishes the commission of another and different crime, whether greater or less in guilt, from suffering the punishment prescribed by law for the crime committed. § 688. Second offenses, how punishable,-A person, who, after having been convicted within this state, of a felony, or an attempt to commit a felony, or of petty larceny, or, under the laws of any other state, government, or country, of a crime which, if committed within this state, would be a felony, commits any crime, within this state, is punishable upon conviction of such second offense, as follows: 1. If the subsequent crime is such that, upon a first conviction, the offender might be punished, in the discretion of the court, by imprisonment for life, he must be sentenced to imprisonment in a state prison for life; 2. If the subsequent crime is such that, upon a first conviction, the offender would be punishable by imprisonment for any term less than his natural life, then such person must be sentenced to imprisonment for a term not less than the longest term, nor more than twice the longest term, prescribed upon a first conviction. Peo. v. Raymond, 19 W. Dig., 137; 2 id., 295. § 689. Second offense after misdemeanor.—A person, who, having been convicted within this state of a misdemeanor, afterwards commits and is convicted of a felony, must be sentenced to imprisonment for the longest term prescribed for the punishment upon a first conviction for the felony. § 690. Habitual criminals.-Where a person is hereafter convicted of a felony, who has been, before that conviction, convicted in this state, of any other crime, or where a person is hereafter convicted of a misdemeanor who has been already five times convicted in this state of a misdemeanor, he may be adjudged by the court, in addition to any other punishment inflicted upon him, to be an habitual criminal. Code Cr. Proc., § 510. §691. Person, etc., of habitual criminal.-The person of an habitual criminal shall be at all times subject to the supervision of every judicial magistrate of the county, and of the supervisors and overseers of the poor of the town where the criminal may be found, to the same extent that a minor is subject to the control of his parent or guardian. Code Cr. Proc., § 514. § 692. Effect of pardon of habitual criminal-— The governor may grant a pardon which shall relieve from judgment of habitual criminality as from any other sentence; but upon a subsequent conviction for felony of a person so pardoned, a judgment of habitual criminality may be again pronounced on account of the first conviction, notwithstanding such pardon. 693.- Woman concealing birth of issue, second offense. A woman, who, having been convicted of endeavoring to conceal the still birth of any issue of her body, which, if born alive, would be a bastard, or the death of any such issue under the age of two years, subsequently to such conviction endeavors to conceal any such birth or death, is punishable by imprisonment in a state prison not exceeding five years, and not less than two years. See 296, supra. |