343; People v. Fitzgerald, 5 id. 343; People v. Hall, 57 How. 342; State v. Kirk, 11 Ore. 505; United States v. Hughes, 34 Fed. Rep'r, 732; McCartney v. People, 83 N. Y. 413; People v. McElroy, 36 N. Y. State Rep'r, 650; People v. Sanborn, 46 Hun, 682; 14 N. Y. State Rep'r, 126; People v. Kief, 58 Hun, 344; 34 N. Y. State Rep'r, 533; aff'd, 126 N. Y. 661; 37 N. Y. State Rep'r, 479; People v. Phelps, 39 id. 599; People v. Cotto, 42 id. 715. § 30. Definition of accessory. -A person who, after the commission of a felony, harbors, conceals, or aids the offender, with intent that he may avoid or escape from arrest, trial, conviction, or punishment, having knowledge or reasonable ground to believe that such offender is liable to arrest, has been arrested, is indicted or convicted, or has committed a felony, is an accessory to the felony. Innocent agent. People v. McMurray, 1 Sheld. 563; People v. Hall, 57 How. Pr. 342. See People v. Dunn, 53 Hun, 381; 25 N. Y. State Rep'r, 460; 7 N. Y. Cr. 173; 6 N. Y. Supp. 805. § 31. All principals in misdemeanors. -A person who commits or participates in an act which would make him an accessory if the crime committed were a felony, is a principal and may be indicted and punished as such, if the crime be a misdemeanor. See § 682, post. People v. Erwin, 4 Den. 129; Lowenstein v. People, 54 Barb. 229; People v. Mathews, 4 Wend. 229; Ward v. People, 3 Hill, 395; Commonwealth v. Dale, 144 Mass. 363; People v. Lyon, 33 Hun, 623; 2 N. Y. Cr. 484. § 32. Trial of accessories. - An accessory to a felony may be indicted, tried, and convicted, either in the county where he became an accessory, or in the county where the principal felony was committed, and whether the principal felon has or has not been previously convicted, or is or is not amenable to justice, and although the principal has been pardoned or otherwise discharged after conviction. See § 126, post. Evidence. Levy v. People, 80 N. Y. 327; 19 Hun, 383. See Jones v. People, 20 Hun, 545; 81 N. Y., 637; People v. Lyon, 99 id. 210; People v. Ryland, 97 id. 126; People v. Gray, 25 Wend. 464; Starin v. People, 45 N.Y. 333; People v. Bassford, 3 N. Y. Cr. 219. § 33. Punishment of accessory. -Except in a case where a different punishment is specially prescribed by law, a person convicted as an accessory to a felony is punishable by imprisonment for not more than five years, or by a fine of not more than five hundred dollars, or by both. TITLE III. Degrees in the Commission of Crimes and Attempts to Commit Crimes. SEC. 34. What is an attempt to commit a crime. 35. Prisoner indicted may be convicted of lesser crime, or attempt. 36. Acquittal or conviction bars indictment for another degree, or attempt. § 34. Attempt to commit crime defined. An act, done with intent to commit a crime, and tending but failing to effect its commis. sion, is an attempt to commit that crime. See § 685, post. People v. Lawton, 56 Barb. 126. Solicitations are not an attempt. Stable v. Commonwealth (Pa.), 22 Alb. L. L. 458. Contra, People v. Bush, 4 Hill, 134; McDermott v. People, 5 Park. 102); Lamb v. State, 67 Md. 524; Whitesides v. State, 11 Lea, 474; Stabler v. Com., 95 Penn. St. 318; 22 Alb. L. J. 448. Evil intent is not enough. People v. Moran, 123 N. Y. 256; 33 N.Y. State Rep'r. 398, rev'g 54 Hun, 279; 27 N. Y. State Rep'r, 20; 7 N. Y. Cr. 336; Darrow Fund Soc., 42 Hun, 245; aff'd, 116 N. Y. 542; Mulligan v. People, 5 Park. 105; People v. Johnson, 46 Hun, 670; Cox v. People, 82 III. 191; People v. Stiles, 75 Cal. 570; United States v. Stephens, 8 Sawyer, 116; State v. Gray, 19 Nev. 212; McDade v. People, 29 Mich. 50; Uhl's case, 6 Gratt. 706; Hicks v. Com., 13 Va. L. J. 525; Marrette's case, 3 C. H. Rec. 60; People v. Murray, 14 Cal. 159; People v. Jones, 46 Mich. 441; Com. v. McDonald, 5 Cush. 365; State v. Beal, 37 Ohio, 108; Kunkle v. State, 32 Ind. 520; Hamilton v. State, 36 id. 280; State v. Wilson, 30 Conn. 500; Sullivan v. People, 27 Hun, 35; People v. O'Connell, 60 id. 114; 38 Ν. Υ. State Rep'r, 109; People v. Phelps, 39 id. 599; 61 Hun, 115. § 35. Prisoner indicted may be convicted of lesser crime, or attempt. - Upon the trial of an indictment, the prisoner may be convicted of the crime charged therein, or of a lesser degree of the same crime, or of an attempt to commit the crime so charged, or of an attempt to commit a lesser degree of the same crime. See Code Civ. Proc., §§ 414, 415; and § 10, ante; § 685, post. People v. Jackson, 3 Hill, 92; People v. Saunders, 4 Park. 196; Keefe v. People, 40 Ν. Υ. 348; Dedieu v. People, 22 id. 178; People v. Lyon, 1 N. Y. Cr. 400; People v. Palmer, 43 Hun, 406; 8 N. Y. State Rep'r, 500; 5 N. Y. Cr. 105; People v. McCallum, 3 id. 199; People v. Sullivan, 4 id. 197; Murphy v. People, 3 Hun, 114; People v. McTameney, 30 Нип, 505; 13 Abb. N. C. 55; 66 How. 70; 1 N. Y. Cr. 437; People v. Dartmore, 48 Hun, 321; 2 N. Y. Supp. 310; People v. Lohman, 2 Barb. 216; Cox v. People, 80 N. Y. 514; Keefe v. People, 40 id. 348; 7 Abb. (N. S.) 76; People v. McDonnell, 92 N. Y. 657; 1 N. Y. Cr. 366; Ruloff v. People, 45 Ν. Υ. 213; 11 Abb. (N. S.) 245; Nevins v. People, 61 Barb. 307; People v. Thompson, 41 N. Y. 1; People v. Lawton, 56 Barb. 126; Sindram v. People, 88 N. Y. 196; People v. Willson, 109 id. 347; People v. Petmecky, 2 N. Y. Cr. 452; Sullivan v. People, 27 Hun, 35; People v. McDonald, 49 id. 67; People v. O'Connell, 60 id. 113; 38 N. Y. State Rep'r, 108; People v. Palmer, 43 id. 397; People v. Dartmore, 48 id. 321. § 36. Acquittal or conviction bars indictment for another degree, or attempt. - Where a prisoner is acquitted or convicted, upon an indictment for a crime consisting of different degrees, he cannot thereafter be indicted or tried for the same crime, in any other degree, nor for an attempt to commit the crime so charged, or any degree thereof. Art. 1, § 6, N. Y. Const.; Guenther v. People, 24 N. Y. 100; People v. Dowling, 23 Alb. L. J. 353; People v. Saunders, supra; People v. Casborus, 13 Johns. 351; People v. Cignarale, 110 N. Y. 23; People v. Palmer, 109 id. 419; People v. McCarthy, 110 id. 315; People v. Dowling, 84 id. 478; People v. Palmer, 43 Hun, 397; People v. McDonald, 49 id. 70; People v. Seeley, 3 N. Y. Cr. 225; People v. Warren, 109 N. Y. 615; Johnson v. State, 29 Ark. 31. TITLE IV. SEC. 37. Treason against the state defined. 38. Id., how punished. 39. Levying war defined. 40. Resistance to a statute, when levying war. §37. Treason defined. -Treason against the people of the state consists in 1. Levying war against the people of the state, within this state; or 2. A combination of two or more persons by force to usurp the government of the state, or to overturn the same, shown by a forcible attempt, made within the state, to accomplish that purpose; or 3. Adhering to the enemies of the state, while separately engaged in war with a foreign enemy, in a case prescribed in the constitution of the United States, or giving to such enemies aid and comfort within the state or elsewhere. People v. McLeod, 25 Wend. 482; S. C., 1 Hill, 377. Adhering to the enemies of the U. S., not treason against the state, and not indictable in state courts. People v. Lynch, 11 Johns. 549. Entering service of enemies. Respondent v. McCarty, 2 Dall. 86; Robert's case, 1 id. 39. Restoring prisoners. United States v. Hodges, 2 Wh. C. C. 477. Resisting act of congress. United States v. Hannay, 2 Wall. Jr. 139. § 38. Punishment of treason. -Treason is punishable by death. Code Cr. Proc., §§ 396, 397, 814, 826; § 5, art. 4, of N. Y. State Const.; § 3, art. 3. of Fed. Const. § 39. Levying war defined.---To constitute levying war against the people of this state, an actual act of war must be committed. To conspire to levy war is not enough. Levying war. Ex parte Bollman, 4 Cranch, 75; United States v. Greathouse, 2 Abb. 364: United States v. Hoxie, 1 Paine, 265; United States v. Poyer, 3 Wash. C. C. 234; Burr's trial (Combs' ed.) 312. § 40. Resistance to a statute, when levying war.-Where persons rise in insurrection with intent to prevent in general by force and intimidation, the execution of a statute of this state, or to force its repeal, they are guilty of levying war. But an endeavor, although by numbers and force of arms, to resist the execution of a law in a single instance, and for a private purpose, is not levying war. United States v. Mitchell, 2 Dall. 348; United States v. Hannay, 2 Wall. Jr. 139, 203; United States v. Hoxie, supra; U. S. v. Vigol, 2 Dall. 346; Ex parte Bollman, supra. SEC. 41. TITLE V. Of Crimes against the Elective Franchise. Misdemeanors at political caucuses and conventions. 41a. False registration. 4laa. Misdemeanors of police commissioners, police officers, et al.: 41b. Mutilation, destruction or loss of registry list. 41bb. Soliciting from candidate for an elective office, money, etc. Misconduct of registry officers. 41d. Failure of house dweller to answer inquiries. 4le. Removal, mutilation or destruction of election supplies, poll- Refusal to permit employes to attend election. ballots. Failure to deliver official ballots. Misconduct of election officers and watchers. Violation of election law by public officer. Misdemeanors in relation to elections. Illegal voting. 41m. False returns. Furnishing money or entertainment to induce attendance at polls. Giving considerations for franchise. Receiving consideration for franchise. Testimony upon prosecution. Bribery or intimidation of elector in military service of United 41v. Corrupt use of position or authority. 41w. Failure to file candidates' statement of expenses. 41x. Procuring fraudulent certificates in order to vote. 4ly. Presenting fraudulent certificates to registry boards to pro cure registration. 41z. Soliciting from candidates. 41zz. Punishment; first offense; second offense. § 41. Misdemeanors at, or in connection with, political caucuses, primary elections, enrollment in political parties, committees and conventions. Any person who: 1. At a political caucus, or at a primary election of a party, willfully votes, or attempts to vote, without being entitled to do so, or votes, or attempts to vote, on any other name than his own, or on the same day more than once on his own name; or 2. Votes, or offers to vote, at a political caucus or at a primary election of a party, having voted at the political caucus or primary election of any other political party on the same day, or being at the time enrolled in a party other than the party at whose primary he votes or offers to vote; or 3. At a political caucus, or at a primary election, for the purpose of affecting the result thereof, votes or attempts to vote two or more ballots, or adds, or attempts to add, any ballot to those lawfully cast, by fraudulently introducing the same into the ballot box before or after the ballots therein have been counted, or who adds to or mixes with, or attempts to add to or mix with, the ballots lawfully cast, another ballot or other ballots before the votes have been counted or canvassed, or while the votes are being counted or canvassed; or at any time abstracts any ballots lawfully cast, with intent to change the result of such election or to change the count thereat in favor of or against any person voted for at such election, or to prevent the ballots being recounted or used as evidence; or carries away, destroys, loses, conceals, detains, secretes, mutilates, or attempts to carry away, destroy, conceal, detain, secrete, or mutilate, any tally lists, ballots, ballot boxes, enrollment books, certificates of return, or any official documents provided for by the primary election law or otherwise by law, for the purpose of affecting or invalidating the result of such election, or of destroying evidence; or in any manner interferes with the officers holding any primary election or conducting the canvass of the votes cast thereat, or with voters lawfully exercising, or seeking to exercise, their right of voting at such primary election; or 4. For the purpose of securing enrollment as a member of a political party, or for the purpose of being allowed to vote at a primary election as a member of a political party, makes and deposits or files, or makes or deposits or files with a board of primary inspectors, or with any public officer or board, a false declaration of party affiliation or wilfully makes a false declaration of residence, either by an enrollment blank or otherwise, or falsely answers any pertinent question asked him by the board of primary inspectors, or the board of election inspectors, or by a member thereof; or knowingly, on any day of registration or in the interval between any such day and the next ensuing day of general election, reveals or discloses the names or number of the enrolled electors of any party, or makes, publishes, or circulates a list of such names, or of any thereof, or does or permits any act by which the name of the party with which an elector has enrolled, or the number of electors enrolled with a party, may be disclosed; or *So in original. 5. Fraudulently or wrongfully does any act tending to affect the result of any election at a political caucus or of any primary election or convention; or 6. Induces or attempts to induce any officer, teller, canvasser, poll clerk, primary election inspector, election inspector, custodian of primary records, or clerk or employee of or in the office of a custodian of primary records at a political caucus, or primary eléction, or convention, or on any day of registration, or while discharging any duty or performing any act required or made necessary by the primary election law, to do any act in violation of his duty, or in violation of the election law or the primary election law; or 7. Directly or indirectly, by himself or through any other person, pays, or offers to pay, money or other valuable thing, or promises a place or position, or offers any other consideration or makes any other promise, to any person, to induce any yoter or voters to vote, or refrain from voting, at a political caucus, primary election, or convention, for or against any particular person or persons: or does or offers to do, anything to hinder or delay any elector from taking part in, or voting at, a political caucus, or a primary election; or 8. By menace or other unlawful or corrupt means, directly or indirectly, influences or attempts to influence, the vote of any person entitled to vote at a political caucus, primary election, or convention, or obstructs such person in voting, or prevents him from voting thereat; or 9. Directly or indirectly, by himself or through any other person, receives money or other valuable thing, or a promise of a place or position, before, at, or after any political caucus, primary election, or convention, for voting or refraining from voting for or against any person, or for voting or refraining from voting at a political caucus, primary election, or convention; or 10. Being an officer, teller, canvasser, primary inspector, at a political caucus, or at a primary election, knowingly permits any fraudulent vote to be cast, or knowingly receives and deposits in the ballot box any ballots offered by any person not qualified to vote; or permits the removal of ballots from the polling place before the close of the polls, or refuses to receive ballots intended for the electors of the district, or refuses to deliver to any elector ballots intended for the electors of the district which have been delivered to the board of inspectors, or permits electioneering within the polling place or within one hundred feet therefrom, or fails to keep order within the polling place, or permits any person other than the inspectors to accompany an elector into a voting booth, or enters the voting booth with any elector, except one entitled to receive assistance in the preparation of his ballot, or permits any person other than a voter, who has not voted, or watcher to come within the guard rail or removes or permits another to remove any mark placed upon a ballot for its identification, or 11. Being an officer, custodian of primary records, clerk or employee of or in the office of a custodian of primary records, election inspector, primary inspector, poll clerk, knowingly puts opposite the name of an elector in an enrollment book any enrollment number other than the number opposite such name on the registration books of such district, or knowingly delivers to or receives from any elector on any day of registration an enrollment blank or envelope on which is any other enrollment number than that so opposite his name on such books of registration, or knowingly transcribes from an enrollment blank to the enrollment books any refusal to enroll or enrollment not indicated on the enrollment blank of the elector of such district whose enrollment number appears on the same, or refuses or will. fully neglects to transcribe from any enrollment blank to the proper enrollment books any refusal to enroll or enrollment indicated on the enrollment blank of such an elector, enrolls or attempts to enroll as a member of a political party, upon any of the enrollment books, any person not qualified to enroll as such, or fraudulently enters thereupon the name of any person who has not enrolled as a member of any political party, or refuses or willfully neglects to enroll upon any of the enrollment books the name of any qualified person who has demanded to be enrolled as a member of a political party, or at any time strikes from any of the enrollment books the name of any person duly enrolled, or at any time adds to any of the enrollment books the name of any person not qualified to be enrolled as a member of a political party, or the name of any person who in fact has not enrolled as such; or makes marks upon, mutilates, carries |