A TABLE OF THE PRINCIPAL CRIMES, HERETOFORE RECOGNIZED IN THE LAW OF GREAT BRITAIN OR AMERICA, SHOWING WHERE THEY ARE TREATED IN THE PENAL CODE, OR, WHY THEY ARE OMITTED FROM IT. Abandonment of children. This offense is covered by section 332 of the Penal Code. Abduction. This term is commonly used to designate taking a woman and compelling her to marry or to be defiled; accomplished by means of force used either at the taking, or at the marriage or defilement. This offense was made felony by Stat., 2 Hen. VII, ch. 2, and benefit of clergy was taken away by Stat., 39 Eliz., ch. 9. This crime is made punishable in part by section 319 of the Code; but chiefly by sections 326 and 327. Abortion. Using means to procure abortion is covered by section 334. 250. Absence from church. The omission to attend church for one month, was made indictable by statute, in England. See Stat., 23 Eliz., c. 1, § 5; 3 Jac. 1, c. 4; 2 Chitt. Cr. L., 20, note d. Similar statutes have at former times existed in this country. No provisions enforcing attendance at church are introduced in the Code; though the right to attend is protected by sections 54, 55 and 56. Accessories. Accessories in felony are made punishable by section 28. Administering poison. See Poison. Adulterations of food, &c. Are covered by sections 451, 452. Adultery. This is not criminally punishable by the English common law, though it is by the law of Scotland, and by the statutes of several of the United States. In this state it has not been considered a subject of criminal punishment; and the question being a familiar one, and our existing rule well settled, the commissioners have not suggested any change. Affidavit. False swearing in an affidavit is made perjury by section 150. Procuring another to make a false affidavit is subornation of perjury, by section 162. The refusal of an officer to take and certify an affidavit, in a proper case, is covered by section 215. Making an affidavit, or taking one in unauthorized cases, is covered by sections 181 and 182. The refusal of an individual to make an affidavit is not made criminal, except so far as, under peculiar circumstances, it may constitute a criminal contempt of court, under section 201, subdivisions 4, 5 or 6. In general, the duty is left to be enforced by attachment or other appropriate civil remedy. Affray. At common law, the fighting together of two or more persons, in some public place, to the terror of the people. It is said to be distinguishable from common assault and battery, in that it must, of necessity, occur in a public place; and from riot, in that two persons may commit an affray, while at least three are required to constitute riot. In the Code, what would be an affray at common law, is left to be punished as a common assault and battery, under section 307; unless it is attended by circumstances which make it a duel, under section 293; or a riot, under section 474. Animals. Injuries to property in animals are covered by sections 698 and 699; and see 702. Cruelty to animals, by section 699; and see 702. Instigating fights between animals, by sections 700 and 701. The criminal responsibility of the owner of a mischievous animal which kills a human being, is defined by section 253. Apostacy. A total renunciation of Christianity, by one who has once professed it, but afterwards embraces either a false religion or no religion at all. This was made punishable by 9 and 10 Wm. III, ch. 32. It is not treated as a crime by the Code. Originally, arson was the burning of a human habitation. The term has been, in this state, and in other jurisdictions, extended by statute, to embrace the burning of other descriptions of property not involving danger to human life. In the Code, the term is used in its original and restricted sense. See sections 521-539. Other criminal burnings are punishable as malicious mischief; under section 703. Artisans going abroad. It was at one time criminal in England for artisans to leave the realm, with an intent to exercise their trade in a foreign country; though the rule is now abrogated. This is not made punishable by the Code. Assault and Assault and Battery. Covered by sections 304-308. Assault with intent to kill. Covered by sections 278, 279. Assault with intent to commit other felony. Assignments. See Fraudulent assignments. Attempts. As respects many crimes, the attempt is declared punishable equally with the commission. Besides these provisions, attempts in general are covered by sections 745, 746. Attorneys. Buying demands to sue, is covered by section 194. Lending money upon claims received for collection, by section 196. Renewing application for stay of trial, without leave, by section 202. Fraudulent practices, by section 209. Allowing process to be wrongfully sued out in his name, by section 210. Misconduct relative to criminal prosecutions, by sections 730, 731. Auctioneers. Various offenses by, are covered by sections 502-510. Barratry. In the sense of misconduct by a ship master, this offense, so far as it is deemed a criminal offense properly cognizable by the law of this state, is covered by section 628. See also sections 630 and 632. In the sense of stirring up suits and quarrels, barratry-or barretry-is covered by sections 190-193. Bathing in public. See Exposure of the person. |