subsequent offense is punishable by imprisonment in a state prison for a term not exceeding five years.

Founded upon 2 Rev. Stat., 699, § 8, the provision being extended to embrace cases of offenders who, upon a first conviction of a crime punishable in the discretion of the court by imprisonment in a state prison or otherwise, received sentence for the alternative punishment; instead of being confined to those who have been actually discharged from imprisonment upon the first conviction.

Attempts death of

to conceal

child, how punished after conviction of

S749. Every woman who, having been convicted of endeavoring to conceal the 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 former atyears, subsequently to such conviction endeavors to conceal any such birth or death of issue of her body, is punishable by imprisonment in a state prison not exceeding five years, and not less than two.

Laws of 1845, ch. 260, § 4, modified as stated in note to preceding section.

S750. Every person who, having been convicted of petit larceny, or of an attempt to commit an offense which, if perpetrated, would be punishable by imprisonment in a state prison, commits any crime after such conviction, is punishable as follows:

1. If such subsequent offense is such that upon a first conviction the offender would be punishable by imprisonment in a state prison for life, at the discretion of the court, such person is punishable by imprisonment in such prison during life;

2. If such subsequent offense is such that upon a first conviction the offender would be punishable by imprisonment in a state prison for any term less than for life, such person is punishable by imprisonment in such prison for the longest term prescribed, upon a conviction for such first offense.

3. If such subsequent conviction is for petit larceny or for any attempt to commit an offense which, if perpetrated, would be punishable by imprisonment in a state prison, then such person is punishable by

tempt.

Second ofpunished,

fenses, how

after conviction of

petit larattempt to state prison

ceny, or of

commit a

offense.

Foreign conviction for former offense.

Second term of im

when to commence.

imprisonment in such prison for a term not exceeding five years.

2 Rev. Stat., 699, § 9, modified as stated in note to

section 748.

S 751. Every person who has been convicted in any other state, government or country of an offense which, if committed within this state, would be punishable by the laws of this state by imprisonment in a state prison, is punishable for any subsequent crime committed within this state, in the manner prescribed in the last three sections, and to the same extent as if such first conviction had taken place in a court of this state.

2 Rev. Stat., 700, § 10.

S752. When any person is convicted of two or prisonment, more crimes before sentence has been pronounced upon him for either, the imprisonment to which he is sentenced upon the second or other subsequent conviction, must commence at the termination of the first term of imprisonment to which he shall be adjudged, or at the termination of the second or other subsequent term of imprisonment, as the case may be. 2 Rev. Stat., 700, § 11.

Imprisonment for life.

S753. Whenever any person is declared punishable for a crime by imprisonment in a state prison for a term not less than any specified number of years, and no limit to the duration of such imprisonment is declared, the court authorized to pronounce judgment upon such conviction may, in its discretion, sentence such offender to imprisonment during his natural life, or for any number of years, not less than such as are prescribed. But no person can in any case be sentenced to imprisonment in a state prison for any term less than one year.

2 Rev. Stat., 700, § 12, as amended by Laws of 1862, ch. 417. Section 12 is evidently the one intended to be amended by the act of 1862, though by a clerical error the reference made is to section 13.

$ 754. In cases where convicts sentenced to be imprisoned in a state prison for a longer period than one year, it is the duty of the court before which the conviction is had to limit the time of the sentence so that it will expire between the month of March and the month of November, unless the exact period of the sentence is fixed by law.

Laws of 1836, ch. 171, § 6; one year" being substituted for "two years," to correspond with the change introduced by Laws of 1862, ch. 417.

S 755. Whenever any person under the age of twenty-one and above the age of sixteen years is convicted of an offense punishable by imprisonment in a state prison, in either of the judicial districts of this state within which is a penitentiary, the court before whom such conviction is had may, in its discretion, sentence the person so convicted to imprisonment in the penitentiary situated in that judicial district.

See Laws of 1856, ch. 158, § 1.

$ 756. Upon a conviction for any crime punishable by imprisonment in any jail or prison, in relation to which no fine is herein prescribed, the court may impose a fine on the offender not exceeding two hundred dollars, in addition to the imprisonment prescribed.

2 Rev. Stat., 700, § 13

Sentence to on, how to

state pri

be limited.

Juvenile

offenders

may be sent

to peniten.

tiary.

Fine may imprison

be added to

ment.

of convict

S757. A sentence of imprisonment in a state prison Civil rights for any term less than for life, suspends all the civil suspended. rights of the person so sentenced, and forfeits all public offices, and all private trusts, authority or power during the term of such imprisonment.

2 Rev. Stat., 700, § 19.

S758. A person sentenced to imprisonment in a Civil death. state prison for life, is thereafter deemed civilly

dead.

2 Rev. Stat., 700, § 20.

Person of convict protected.

Forfeitures.

Witness' testimony

against him

on prosecu

tion for perjury.

S759. The person of a convict sentenced to imprisonment in a state prison is under the protection of the law, and any injury to his person, not authorized by law, is punishable in the same manner as if he was not convicted or sentenced.

2 Rev. Stat., 700, § 21.

S760. No conviction of any person for crime works any forfeiture of any property, except in the cases of an outlawry for treason, as provided by Title III of Part VI of the Code of Criminal Procedure, and other cases in which a forfeiture is expressly imposed by law; and all forfeitures to the people of this state in the nature of a deodand, or where any person shall flee from justice, are abolished.

See 2 Rev. Stat., 700, § 22. That no forfeiture is imposed for suicide, see section 228.

S761. The various sections of this Code which may be read declare that evidence obtained upon the examination of a person as a witness shall not be received against him in any criminal proceeding, do not forbid such evidence being proved against such person upon any proceedings founded upon a charge of perjury committed in such examination.

Certain terms de

fined, in the

senses in

which they

are used in this Code.

"Willfully" defined.

"Neglect," Negligence,"

&c., defined

$762. Wherever the terms mentioned in the following sections are employed in this Code, they are deemed to be employed in the senses hereafter affixed to them, except where a different sense plainly appears.

S763. The term "willfully," when applied to the intent which an act is done or omitted, implies simply a purpose or willingness to commit the act or the omission referred to. It does not require any intent to violate law, or to injure another, or to acquire any advantage.

$764. The terms "neglect," "negligence," "negligent" and "negligently," when so employed, import a want of such attention to the nature or probable

consequences of the act or omission as a prudent man ordinarily bestows in acting in his own concerns.

ly" defined.

$ 765. The term "corruptly," when so employed, "Corruptimports a wrongful design to acquire some pecuniary or other advantage to the person guilty of the act or omission referred to.

and "Mali

defined.

S766. The terms "malice" and "maliciously" "Malice" when so employed, import a wish to vex, annoy or ciously injure another person; established either by proof or presumption of law.

"Know.

ingly"

$767. The term "knowingly," when so applied, imports only a knowledge that the facts exist which defined. bring the act or omission within the provisions of this Code. It does not require any knowledge of the unlawfulness of such act or omission.

S

"Bribe'

$ 768. The term "bribe" signifies any money, defined. goods, right in action, property, thing of value or advantage, present or prospective, or any promise or undertaking to give any, asked, given or accepted with a corrupt intent to influence, unlawfully, the person to whom it is given, in his action, vote or opinion in any public or official capacity.

$769. The word "vessel" when used with reference to shipping, includes ships of all kinds, steamboats and steamships, canal boats, and every structure adapted to be navigated from place to place.

"Vessel

defined.

officer

$ 770. The term "peace officer" signifies any one "Peace of the officers mentioned in section 154 of the Code defined. of Criminal Procedure.

trate

$771. The term "magistrate" signifies any one of "Magisthe officers mentioned in section 147 of the Code of defined. Criminal Procedure.

ture" defined.

$ 772. The term "signature" includes any name, Signa mark or sign, written with intent to authenticate any instrument or writing.