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offenders against the criminal laws, he is guilty of receiving a bribe, because the case of one who has committed the offense and the conse

69. Resisting officers.

quent duty of the officer to arrest is a matter which may be brought before him in his official capacity.""

SEC. 69. Every person who attempts, by means of any threat or violence, to deter or prevent an executive officer from performing any duty imposed upon such officer by law, or who knowingly resists, by the use of force or violence, such officer in the performance of his duty, is punishable by fine not exceeding five thousand dollars, and imprisonment in the county jail not exceeding five

years.

Resisting officers: See generally, sec. 148. The obstructing the execution of lawful process is an offense against public justice of a very high and presumptuous nature; and more particularly so when the obstruction is of an arrest upon criminal process. So that it has been held that the party opposing an arrest upon criminal process becomes thereby particeps criminis; that is, an accessary in felony and a principal in high treason: 4 Bla. Com. 128; 2 Hawk. P. C., c. 17, sec. 1. In an indictment for resisting an officer, it must be distinctly charged that the person resisted was an officer, and was opposed while acting in such capacity, both of which facts must be proved at the trial: McQuoid v. People, 3 Gilm. 76. The nature of the official duty, the manner of its execution, and the mode of the resistance should be set forth: State v. Burt, 25 Vt. 373. An indictment for assaulting and obstructing an officer in the discharge of his duties as such, averring that the defendant made an assault upon the officer, and while the latter was in the due and lawful execution of his office did "unlawfully, knowingly, and designedly hinder and oppose him," etc., was held to be sufficient to show 70. Extortion.

that the defendant knew the person assaulted was an officer: Commonwealth v. Kirby, 2 Cush. 577. A mere allegation that the defendant "resisted" the officer is insufficient, being but a conclusion of law: Lamberton v. State, 11 Ohio, 282; but see United States v. Batchelder, 2 Gall. 15; State v. Hooker, 17 Vt. 658. To constitute the offense, it must appear that the process under which the officer is acting is legal: Commonwealth v. Tobin, 108 Mass. 426; Commonwealth v. Newton, 123 Id. 420; State v. Zeibart, 40 Iowa, 169; People v. Muldoon, 2 Park. Cr. 13. The officer must be at the time engaged in executing his duties, and the defendant must be notified thereof; and unless there be notification or knowledge, the killing of the officer in resisting the arrest will not be murder: 1 Whart. Crim. L., 8th ed., sec. 648; Yates v. People, 32 N. Y. 509. If the defendant can prove that he was ignorant that the party resisted was an officer, this is a defense to the indictment: People v. Muldoon, 2 Park. Cr. 13; Yates v. People, 32 N. Y. 509; State v. Belk, 76 N. C. 10; Johnson v. State, 26 Tex. 117.

Stats. 1860, 125, sec. 1.

SEC. 70. Every executive or ministerial officer who knowingly asks or receives any emolument, gratuity, or reward, or any promise thereof, excepting such as may be authorized by law, for doing any official act, is guilty of a misdemeanor. [Amendment, approved March 30, 1874; Amendments 1873-4, 423; took effect July 1, 1874.]

dictable offense: Walsh v. People, 65 Ill. 58. If an officer exacts payment of his fee before it is due, it is extortion: Commonwealth v. Bagley, 7 Pick. 279.

The indictment or information must charge the receiving the reward or promise thereof as an inducement to official action; charging that the mayor compelled an official whose salary had been raised, to pay over to him, the mayor, the amount of such increase, charges no offense against this section: People v. Kalloch, 60 Cal. 116.

Official extortion.-The act of 1850 defined extortion to be the willful or corrupt receiving by any officer of a reward or fee for the discharge of duty other than that allowed by law, or the act of demanding such reward or fee as a condition precedent to the performance of official duty: Stats. 1850, 242, sec. 107. The offense implies the existence of a corrupt mind, and it is not committed when the fee comes voluntarily in return for real benefits conferred by extra exertions put forth: 2 Bish. Crim. L., secs. 326-337. At common law, a proposal by an official to receive a bribe was an in- Extortion by judicial officer: See sec. 94. 71. Violation of laws prohibiting certain officers from dealing in scrip, etc., and from being interested in contracts.

SEC. 71. Every officer or person prohibited by the laws of this state from making or being interested in contracts, or from becoming a vendor or purchaser at sales, or from purchasing scrip, or other evidences of indebtedness, who violates any of the provisions of such laws, is punishable by a fine of not more than one thousand dollars, or by imprisonment in the state prison not more than five years, and is forever disqualified from holding any office in this state.

72. Fraudulently presenting bills or claims to public officers for allowance or pay

ment.

SEC. 72. Every person who, with intent to defraud, presents for allowance or for payment to any state board or officer, or to any county, town, city, ward, or village board or officer, authorized to allow or pay the same if genuine, any false or fraudulent claim, bill, account, voucher, or writing, is guilty of felony. 73. Buying appointments to office.

SEC. 73. Every person who gives or offers any gratuity or reward, in consideration that he or any other person shall be appointed to any public office, or shall be permitted to exercise or discharge the duties thereof, is guilty of a misdemeanor.

Stats. 1850, 239, sec. 85.

Offering reward for appointment: Rex v. Vaughan, 4 Burr. 2494; Rex v. Pollman, 2 Camp. 229; Commonwealth v. Callaghan, 2 Va. Cas. 460; 2 Bish. Crim. L., secs. 190, 191. See sec. 54, note.

74. Taking rewards for deputation.

Constitutional provision.-Every person shall be disqualified from holding any office of profit in this state who shall have been convicted of having given or offered a bribe to procure his election or appointment: Const. Cal., sec. 10, art. 20.

SEC. 74. Every public officer who, for any gratuity or reward, appoints another person to a public office, or permits another person to exercise or discharge any of the duties of his office, is punishable by a fine not exceeding five thousand dollars, and in addition thereto, forfeits his office, and is forever disqualified from holding any office in this state.

Stats. 1850, 239, sec. 85.

75. Exercising functions of office wrongfully.

SEC. 75. Every person who willfully and knowingly intrudes himself into any public office to which he has not been elected or appointed, and every person who, having been an executive officer, willfully exercises any of the functions of his office after his term has expired, and a successor has been elected or appointed and has qualified, is guilty of a misdemeanor.

Stats. 1850, 242, sec. 105.

76. Refusal to surrender books, etc., to successor.

SEC. 76. Every officer whose office is abolished by law, or who, after the expiration of the time for which he may be appointed or elected, or after he has resigned or been legally removed from office, willfully and unlawfully withholds or detains from his successor, or other person entitled thereto, the records, papers, documents, or other writing appertaining or belonging to his office, or mutilates, destroys, or takes away the same, is punishable by imprisonment in the state prison not less than one nor more than ten years.

Stats. 1850, 240, sec. 89.

77. Preceding sections to apply to administrative and ministerial officers.

SEC. 77. The various provisions of this chapter apply to administrative and ministerial officers in the same manner as if they were mentioned therein.

An Act relating to the intoxication of officers.

[Approved April 15, 1880; 1880, 77.]

SECTION 1. Any officer of a town, village, city, county, or state, who shall be intoxicated while in discharge of the duties of his office, or by reason of intoxication is disqualified for the discharge of or neglects his duties, shall be guilty of a misdemeanor, and on conviction of such misdemeanor shall forfeit his office; and in such case the vacancy occasioned thereby shall be filled in the same manner as if such officer had filed his resignation in the proper office, and it had been accepted by the proper authority; provided, such acceptance shall have been necessary

to make the office vacant.

SEC. 2. This act shall take effect immediately.

TITLE VI.

OF CRIMES AGAINST THE LEGISLATIVE POWER.

81. Preventing the meeting or organization of either branch of the legislature. SEC. 81. Every person who willfully, and by force or fraud, prevents the legislature of this state, or either of the houses composing it, or any of the members thereof, from meeting or organizing, is guilty of felony.

82. Disturbing the legislature while in session.

SEC. 82. Every person who willfully disturbs the legislature of this state, or either of the houses composing it, while in session, or who commits any disorderly conduct in the immediate view and presence of either house, tending to interrupt its proceedings or impair the respect due to its authority, is guilty of a misdemeanor.

83. Altering draught of bill or resolution.

SEC. 83. Every person who fraudulently alters the draught of any bill or resolution which has been presented to either of the houses composing the legislature to be passed or adopted, with intent to procure it to be passed or adopted by either house, or certified by the presiding officer of either house, in language different from that intended by such house, is guilty of felony.

84. Allering enrolled copy of bill or resolution.

SEC. 84. Every person who fraudulently alters the enrolled copy of any bill or resolution which has been passed or adopted by the legislature of this state, with intent to procure it to be approved by the governor, or certified by the secretary of state, or printed or published by the printer of the statutes, in language different from that in which it was passed or adopted by the legislature, is guilty of felony.

85. Giving or offering bribes to members of the legislature.

SEC. 85. Every person who gives or offers to give a bribe to any member of the legislature, or to another person for him, or attempts by menace, deceit, suppression of truth, or any corrupt means, to influence a member in giving or withholding his vote, or in not attending the house or any committee of which he is a member, is punishable by imprisonment in the state prison not less than one nor more than ten years.

Stats. 1863, 45, secs. 1, 2.

Bribery: See secs. 67, 68, ante.

86. Receiving bribes by members of the legislature.

SEC. 86. Every member of either of the houses composing the legislature of this state who asks, receives, or agrees to receive any bribe upon any understanding that his official vote, opinion, judgment, or action shall be influenced thereby, or shall be given in any particular manner, or upon any particular side of any question or matter upon which he may be required to act in his official capacity, or gives, or offers, or promises to give any official vote in consideration that another member of the legislature shall give any such vote, either upon the same or another question, is punishable by imprisonment in the state prison not less than one nor more than fourteen years, and upon conviction thereof shall, in addition to said punishment, forfeit his office, be disfranchised, and forever disqualified from holding any office or public trust. [Amend

ment, approved April 6, 1880; Amendments 1880, 7 (Ban. ed. 128); took effect immediately.]

The amendment dded all after the word "years."

The section is based upon Stats. 1863, 645, secs. 1, 2, which the code commissioners in their note say was "extended, however, to embrace what is known as 'log-rolling,' or agreements to exchange votes for or against

measures pending before the legislature; and also so as to embrace deceits and concealments practiced upon members of the legislature to obtain their votes." And they conclude: "That what, in the technical vocabulary of politicians, is termed 'log-rolling,' is a misdemeanor at common law, punishable by indictment."

87. Witnesses refusing to attend, testify, or produce papers before legislature or committees thereof.

SEC. 87. Every person who, being summoned to attend as witness before either house of the legislature or any committee thereof, refuses or neglects, without lawful excuse, to attend pursuant to such summons; and every person who, being present before either house of the legislature or any committee thereof, willfully refuses to be sworn, or to answer any material and proper question, or to produce, upon reasonable notice, any material and proper books, papers, or documents in his possession or under his control, is guilty of a misdemeanor.

Stats. 1857, 97, sec. 1.

88. Members of legislature, in addition to other penalties, to forfeit office, and be disqualified, etc.

SEC. 88. Every member of the legislature convicted of any crime defined in this chapter, in addition to the punishment prescribed, forfeits his office, and is forever disqualified from holding any office in this state.

89. Obtaining money or property to influence vote of legislator a felony.

SEC. 89. Every person who obtains, or seeks to obtain, money or other thing of value from another person upon a pretense, claim, or representation that he can or will improperly influence in any manner the action of any member of a legislative body in regard to any vote or legislative matter, is guilty of a felony. Upon the trial no person otherwise competent as a witness shall be excused from testifying as such concerning the offense charged, on the grounds that such testimony may criminate himself, or subject him to public infamy, but such testimony shall not afterwards be used against him in any judicial proceeding, except for perjury in giving such testimony. [Amendment, approved April 6, 1880; Amendments 1880, 7 (Ban. ed. 128); took effect immediately.]

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IV. FORGING, STEALING, MUTILATING, AND FALSIFYING JUDICIAL AND

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CHAPTER I.

BRIBERY AND CORRUPTION.

92. Giving bribes to judges, jurors, referees, etc.

SEC. 92. Every person who gives or offers to give a bribe to any judicial officer, juror, referee, arbitrator, or umpire, or to any person who may be authorized by law to hear or determine any question or controversy, with intent to influence his vote, opinion, or decision upon any matter or question which is or may be brought before him for decision, is punishable by imprisonment in the state prison not less than one nor more than ten years.

Bribery of executive officers: See sec. 67. Bribery generally: Sec. 67, note.

93. Receiving bribes by judicial officers, jurors, etc.

SEC. 93. Every judicial officer, juror, referee, arbitrator, or umpire, and every person authorized by law to hear or determine any question or controversy, who asks, receives, or agrees to receive any bribe, upon any agreement or understanding that his vote, opinion, or decision upon any matters or question which is or may be brought before him for decision shall be influenced thereby, is punishable by imprisonment in the state prison not less than one nor more than ten years.

Stats. 1856, 220, sec. 10; 1863, 645, secs. 84- Callaghan, 2 Va. Cas. 460; see Ballard v. Pope, 86.

Misconduct in office.-Public officers are indictable for corruption if they accept or offer to accept, under color of office, any money or other benefit calculated in any way to influence their official course, or any money or valuable thing which is not due at the time when it is taken: 1 Whart. Crim. L., 8th ed., sec. 1572 b; People v. Walsh, 65 Ill. 58; Commonwealth v. 94. Extortion.

3 U. C. Q. B. 317, 320; Barefield v. State, 14 Ala. 603. In the latter case it was held, under a statute of Alabama similar to section 92, that to constitute the crime mentioned therein, the matter or question upon which it is attempted to influence the officer's decision must be pending before him at the time the gift or promise is made, or that it was afterwards instituted before him: See also People ex rel. Purley, 2 Cal. 564.

SEC. 94. Every judicial officer who asks or receives any emolument, gratuity, or reward, or any promise thereof, except such as may be authorized by law, for doing any official act, is guilty of a misdemeanor.

Stats. 1850, 229.

Extortion by executive officer: See sec. 70. Extortion generally: See sec. 70, in note. 95. Improper attempts to influence jurors, referees, etc.

SEC. 95. Every person who corruptly attempts to influence a juror, or any person summoned or drawn as a juror, or chosen as an arbitrator or umpire, or appointed a referee, in respect to his verdict in or decision of any cause or proceeding pending or about to be brought before him, either:

1. By means of any communication, oral or written, had with him except in the regular course of proceedings;

2. By means of any book, paper, or instrument exhibited otherwise than in the regular course of proceedings;

3. By means of any threat, intimidation, persuasion, or entreaty; or,

4. By means of any promise, or assurance of any pecuniary or other advantage; -Is punishable by fine not exceeding five thousand dollars, or by imprisonment in the state prison not exceeding five years. [Amendment, approved March 30, 1874; Amendments 1873-4, 424; took effect July 1, 1874.]

The original was based on Stats. 1856, 220, sec. 10. The amendment added the words "or proceeding" after "cause," and omitted "upon

the trial of such cause "after "proceedings," in subdivisions 1 and 2.

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