of the money or the property converted, paid out, lost or disposed of by means of the act done or abetted by such person, or by both such imprisonment and fine. The amount of any such fine when paid or collected, shall be paid to the treasury of the corporation or body injured. A conviction under this section forfeits any office held by the offender, and renders him incapable thereafter of holding any office or place of trust.

See § 672, post.

§ 167. Id., what constitutes conversion.-A transfer in whole or part of any deposit with any bank or other depositary, or of any credit, claim or demand upon such depositary, whereby the right, title or possession of the owner or holder of such deposit, or of any custodian thereof, is impaired or affected, is a conversion thereof under the last section.

CHAPTER VIII.

CONSPIRACY.

SEC. 168. Conspiracy defined.

169. Conspiracies against peace, etc.
170. No other conspiracies punishable.

171. Overt act, when necessary.

§ 168. Conspiracy defined.-If two or more persons conspire, either

1. To commit a crime; or

2. Falsely and maliciously to indict another for a crime, or to procure another to be complained of or arrested for a crime; or

3. Falsely to institute or maintain an action or special proceeding; or

4. To cheat and defraud another out of property, by any means which are in themselves criminal, or which, if executed, would amount to a cheat, or to obtain money or any other property by false pretenses; or

5. To prevent another from exercising a lawful trade or calling, or doing any other lawful act, by force, threats, intimidation, or by interfering or threatening to interfere with tools, implements, or property belonging to or used' by another, or with the use or employment thereof; or

6. To commit any act injurious to the public health, to public morals, or to trade or commerce, or for the perversion or obstruction of justice, or of the due administration of the laws;

Each of them is guilty of a misdemeanor.

See § 170, 653, 673, post. Must be criminal intent. Peo. v. Powell, 63 N. Y, 88; S. C. 5 Hun, 169. Conspiracy need not be consummated. Adams v. Peo., 9 Hun, 89. Conspiracy need not be overt act. Peo. v. Mather, 4 Wend., 229; Com. v. Putnam, 29 Penn. St., 295; State v Rickey, 4 Halst., 293; Alderman, v. Peo., 4 Mich, 414; State v. Ripley, 31 Me., 386; Hazen v Com., 23 Penn. St., 355; Isaacs v. State, 48 Miss., 234. See State v. Norton, 3 Zab., 33. Merged in felony. Com v. Blackburn, 1 Duvall, 4; State v. Mayberry, 48 Me., 218. But not in misdemeanor. Peo. v. Mather, supra; Peo. v. Richards, 1 Mann (Mich.), 216; State v. Murray, 3 Shep., 100. But see Lambert v Peo, 9 Cow, 577; Com. v. Kingsbury, 5 Mass 106; Com. v. O'Brien, 12 Cush., 84; State v. Murphy, 4 Ala., 765; State v. Noyes, 25 Vt., 415; Taylor's case, 1 C. II. Rec., 192; Duprey's case, 4 ib., 121, Robbin's case, 4 ib., 1; Peo. v. Bradford, 1 Wh. C. C., 219; Peo. v. Mosher, ib., 246; Peo v. Trequin, ib., 142; Roget's case, 2 C. H. Rec., 61; Lewin's case, 5 ib., 129; McDermut's case, 4 ib., 12; Peo. v. Olcott, 2 Johns. Cas., 301. What is a conspiracy? State v. Mayberry, 48 Me., 218; Com. v. Hunt, 4 Metc., 111; State v Burnham, 15 N. H., 396; State v. Bartlett, 30 Me., 132; State v. Hewetts, 31 ib., 396; Com. v. Ridgeway, 2 Ashen., 247. New party. Peò. v. Mather, supra. Cornering market. M. R. C. Co. v. B. C. Co, 68 Penn. St., 173; Peo. v. Melvin, 2 Wh. C. C., 262; Pen. ex rel. Lawrence v. Brady, 56 N. Y., 183; Peo. v. Fisher, 14 Wend, 9 Stanton v. Allen, 5 Den., 435, 443; Hooker v. Vandewater, 4 Den., 349; Mott v. Small, 20 Wend., 212, 221. Assent. Lamb v. Peo (Ill), 22 Alb. L. J., 418; Hope v. Peo., 9 W. Dig., 232. Sub. 3. Peo. v. Chase et al., 16 Barb., 495.

Sub. 4. March et al., v. Peo., 7 Barb., 391.

Sub. 5. Peo. v. Melvin, 2 Wh C. C., 262; Peo. v. Fisher, 14 Wend., 9; Emmanuel's case, 6 C. H. Rec., 33; Van Mater v Babcock, 23 Barb., 633.

§ 169. Conspiracies against peace, etc.—If two or more persons, being out of this state, conspire to commit any act against the peace of this state, the commissior, or attempted commission of which, within this state, would be treason against the state, they are punishable by imprisonment in a state prison not exceeding ten years.

§ 170. No other conspiracies punishable. No conspiracy is punishable criminally unless it is one of those enumerated in the last two sections, and the orderly and

peaceable assembling or co-operation of persons employed in any calling, trade, or handicraft, for the purpose of obtaining an advance in the rate of wages or compensation, or of maintaining such rate, is not a conspiracy.

Master Stevedores' Association v. Walsh., 2 Daly, 1. See § 168, supra, § 673, post.

§ 171. Overt act, when necessary.- No agreement except to commit a felony upon the person of another, or to commit arson or burglary, amounts to a conspiracy, unless some act beside such agreement be done to effect the object thereof, by one or more of the parties to such agreement.

Peo. v. Mather, (Morgan's Abduction), 4 Wend., 229. See Code Cr. Proc., § 398. See § 720, post.

17

Of Crimes against the Person.

CHAPTER I. Suicide.

II. Homicide.
III. Maiming,
IV. Kidnapping.
V. Assaults.
VI. Robbery.

VII. Duels and challenges.

VIII. Libel

CHAPTER 1.

SUICIDE.

SEC. 172. Suicide defined.

173. No forfeiture imposed for suicide

174. Attempting suicide.

175. Aiding suicide.

176. Abetting an attempt at suicide.

177. Incapacity of person aided, no defense.

178. Punishment of attempting suicide.

§ 172. Suicide defined.—Suicide is the intentional

taking of one's own life.

§ 173. No forfeiture imposed for suicide. Although suicide is deemed a grave public wrong, yet from the impossibility of reaching the successful perpetrator, no forfeiture is imposed. See § 710, post.

§ 174 Attempting suicide. - A person who, with intent to take his own life, commits upon himself any act dangerous to human life, or which, if committed upon or towards another person and followed by death as a consequence, would render the perpetrator chargeable with homicide, is guilty of attempting suicide.

Drunkenness will not excuse. § 22, supra; Rex. v. Doody, 6 Cox Cr. C., 463.

§ 175. Aiding suicide.—A person who willfully, in any manner, advises, encourages, abets, or assists another person in taking the latter's life, is guilty of manslaughter in the first degree.

Advising suicide. Com. v. Boneu, 13 Mass., 356; 2 Wh. C. C., 226; Blackburn v. State, 23 Ohio, N. S., 146.

$176. Abetting an attempt at suicide.-A person who willfully, in any manner, encourages, advises, assists or abets another person in attempting to take the latter's life, is guilty of a felony.

§ 177. Incapacity of person aided, no defense.— It is not a defense to a prosecution under either of the last two sections, that the person who took, or attempted to take, his own life, was not a person deemed capable of committing crime.

§ 178. Punishment of attempting suicide.—Every person guilty of attempting suicide is guilty of felony, punishable by imprisonment in a state prison not exceeding two years, or by a fine not exceeding one thousand dollars, or both.

CHAPTER II.

HOMICIDE.

SEC. 179. Homicide defined.

180. Different kinds of homicide.

181. What proof of death is required.

182. Common law petit treason is homicide.
183. Murder in first degree defined.

184. Id.; second degree.

185. Duel fought out of this state.

186. Punishment of murder in first degree, how punished. 187. Murder in second degree, how punished.

188. Manslaughter defined.

189. Id.; in the first degree.

190. Killing unborn quick child.

191. Id.; by administering drugs, etc.

192. Manslaughter in first degree, how punished.

193. Manslaughter in second degree.

194. Women taking drugs, etc.

195. By negligent use of machinery.

196. Owner of animals.

197. Killing by overloading passenger vessel.

198. Liability of persons in charge of steamboats.

199. Liability of persons in charge of steam engines.

200. Liability of physicians.

201. Liability of persons making or keeping gunpowder
contrary to law.

202. Punishment of manslaughter in second degree.
203. Homicide, when excusable..

204. Justifiable homicide.

205. Same.

§ 179. Homicide defined.-Homicide is the killing of one human being by the act, procurement or omission of another.

Homicide is presumed malicious. Peo. v. McLeod, 1 Hill, 377. Homicide, act of several in common design. Ruloff v. Peo., 45 N. Y., 213; Stipp v. State, 11 Ind., 62; Peo. v. Woody, 45 Cal, 289: State v. Anthony, 1 McCord, 285; Peo v. Pool, 27 Cal., 572. U. S. v Ross, 1 Gallis, 624; Peo. v. Vasquez, 49 Cal, 560; Peo. v. Geiger, ib, 643; State v. Nash, 7 Ia., 347; Clien v. State, 33 Ind., 418; Peo v. Knapp, 26 Mich., 106. Homicide; may be committed by infant between seven and fourteen. Godfrey v. State, 31 Ala., 323. Death from unskillful treatment of injuries. Parsons v. State, 21 Ala., 300; State v. Scott, 12 La. Ann., 274; State v. Baker, 1 Jones, 267; Com. v. McPike, 3 Cush., 181; McAllister v. State, 17 Ala., 434; Com. v. Cortley, 118 Mass., 1; State v. Murphy, 33 Ia., 270; Cɔm. v. Hackett, 2 Allen, 136; Coffman v Com., 10 Bush, Ky., 495; Parsons v. State, 21 Ala., 300; State v. Morca, 2 Ala., 275,