jure a man in his business, and congregate around his door, and distribute circulars containing a description of their supposed grievance, there are overt acts. (People v. Kostka, 4 N. Y., Cr. R. 429.)

The fact that this distribution continued from day to day, is for the jury to consider. (Ib.)

Also the language of the circulars. (Ib.)

(b) Boycotting.-Boycotting comes under the operation of this section. (Ib.) (c) Strikers. -Strikers are guilty of conspiracy when they intefere with other workmen according to a previous laid place. (People v. Lenhardt, 4 N. Y., Cr. R. 317.)

Consummation of conspiracy. - The conspiracy need not be consummated. 9 Hun, 89.

§ 399. (Amended 1882.) Conviction cannot be had on testimony of accomplice, unless corroborated. - A conviction cannot be had upon the testimony of an accomplice, unless he be corroborated by such other evidence as tends to connect the defendant with the commission of the crime.

(a) Extent of corroboration. -The corroboration should be some fact deposed to, independent of the evidence of the accomplice, to prove the defendant committed the crime. (People v. Courtney, 1 N. Y., Cr. R. 64. People v. Williams, id., 340. People v. Ogle, 4 N. Y. Cr. R., 349. People v. Sanborn, 14 N. Y. State Rep., 123.)

The corroboration of an accomplice is sufficient, if it corroborates material parts of the testimony relating to the corpus of the offense in such a way that the jury are justified thereby in accepting the evidence of the accomplices as true. (People v. Everhardt, 5 N. Y. Cr. R., 91.)

(b) When corroboration not direct. - If it is not direct and positive, it should at least show proof of circumstances legitimately tending to prove the existence of all material facts constituting the crime. (People v. Platt, 4 N. Y. Cr. R., 53; 100 Ν. Υ., 590.)

(c) Question of law. - Whether the corroborating evidence meets the requirements of this section, is a question of law to be decided by the court independent of any other evidence which conflicts with the truth. (People v. Courtney, 1 N. Y. Cr. R., 64.)

(d) Defendant entitled to have the law charged.-Although there is other corroborating evidence, yet the defendant is entitled to have the law in that respect charged by the court. (People v. Thomson, 3 N. Y. Cr. R., 562.) (e) Who is not an accomplice in abortion. The one upon whom the abortion is performed is not an accomplice. (People v. Vedder, 98 Ν. Υ., 630. Poople v. Bliven, 14 N. Y. State Rep., 495.)

(f) Corroboration does not apply to her. -The rule prohibiting the conviction upon the unsupported testimony of an accomplice does not apply to the testimony of the woman upon whom an abortion has been performed. (Id.)

(g) Rule does not apply in excise suits, when. -The purchaser of liquor is in no sense an accomplice, and his testimony does not require the corroboration laid down in this section, to connect the accused with the commission of the offense. (People v. Smith, N. Y. Cr. R., 72.)

(A) Corroboration of one purchasing lottery tickets, not required.One who purchased tickets in a lottery, for the purpose of detecting and punishing a sale in violation of law, and not with intent to aid in committing an offense, is not an accomplice. (People v. Noelke, 94 N. Y., 137.)

(2) Jury to determine credibility. - The credit to be given to the testimony of an accomplice is wholly a question for the jury. (Main v. People, 9 Hun, 113.)

(1) The corpus delicti cannot be entirely established by a confession, but it may be established by the testimony of an accomplice. (People v. O'Neil, 14 N. Y. State Rep., 829.)

§ 400. If testimony show higher offense than that charged, court may discharge jury and hold defendant to answer a new indictment.If it appear by the testimony, that the facts proved constitute a crime of a higher nature than that charged in the indictment, the court may direct the jury to be discharged, and all proceedings on the indictment to be suspended, and may order the defendant to be committed, or continued on or admitted to bail, to answer any new indictm nt which may be found against him for the higher offense.

(g) The finding of a dead body with unmistakable marks of murder, held to be suficientlyroof. Polen, Lee, 8, 13 N. Y., State Rep. 520.)

§ 401. If new indictment not found, defendant to be tried on the original indictment.-If an indictment for the higher crime be dismissed by the grand jury, or be not found at or before the next term, the court must again proceed to try the defendant on the original indictment.

§ 402. Court may discharge jury where it has not jurisdiction of the offense, or the facts do not constitute an offense.-The court may also direct the jury to be discharged, where it appears that it has not jurisdiction of the crime, or that the facts, as charged in the indictment, do not constitute a crime.

§ 403. Proceedings, if jury discharged for want of jurisdiction of the offense, when committed out of the State. If the jury be discharged, because the court has not jurisdiction of the crime charged in the indictment, and it appear that it was committed out of the jurisdiction of this state, the court may order the defendant to be discharged, or to be detained for a reasonable time specified in the order, until a communication can be sent by the district attorney to the chief executive officer of the state, territory or district where the crime was committed.

§ 404. Proceedings in such case, when offense committed in the State. If the crime were committed within the exclusive jurisdiction of another county of this state, the court must direct the defendant to be committed for such time as it deems reasonable, to await a warrant from the proper county for his arrest; or if the crime be a misdemeanor only, it may admit him to bail, in an undertaking, with sufficient sureties, that he will, within such time as the court may appoint, appear in such court to await a warrant from the proper county for his arrest.

§ 405. Proceedings in such case, when offense committed in the State. In the case provided for in the last section, the clerk must forthwith give notice to the district attorney of the proper county, that the defendant has been so committed or held to bail.

§ 406. Proceedings in such case, when offense committed in the state. If the defendant be not arrested, as provided in section four hundred and four, on a warrant from the proper county, he must be discharged from custody, or his bail in the action be exonerated, or money deposited instead of bail refunded, as the case may be; and the sureties in the undertaking mentioned in that section must be discharged.

§ 407. Proceedings in such case, when offense committed in the state.-If the defendant be arrested, the same proceedings must be had thereupon, as upon the arrest of a defendant in another county, on a warrant of arrest issued by a magistrate.

(See §§ 156, 157, ante, and cases there cited.)

§ 408. Proceedings, if jury discharged because the facts do not constitute an offense. - If the jury be discharged, because the

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facts as charged do not constitute a crime, the court must order the defendant, if in custody, to be discharged therefrom, or if admitted to bail, that his bail be exonerated, or if he have deposited money instead of bail, that the money deposited be refunded to him, unless in its opinion a new indictment can be framed, upon which the defendant can be legally convicted, in which case, it may direct that the case be resubmitted to the same or another grand jury.

§ 409. Proceedings, if jury discharged because the facts do not constitute an offense. - If the court direct that the case be submitted anew, the same proceedings must be had thereon as are prescribed in sections 318 and 319.

§ 410. (Amended 1882.) When evidence on either side is closed, court may advise acquittal; effect of the advice. - If, at any time after the evidence on either side is closed, the court deem it insufficient to warrant a conviction, it may advise the jury to acquit the defendant and they must follow the advice.

(a) Absence of proof of guilt. - Where there is no legal proof of the offense charged, the court must direct a verdict in favor of the accused. (Babcock v. People, 15 Hun, 347.)

(b) Direct acquittal. -The court may direct, and in a proper case ought to direct an acquittal. (Howell v. People, 5 Hun, 69 N. Y., 607; People v. Bennett, 49 id., 137; Duffy v. People, 26 id., 588.)

(c) Cannot direct verdict of guilty. Court has no power to direct a verdict of guilty. (Howell v. People, 5 Hun, 620; 69 N. Y., 607; see Case v. People, 6 Abb. N. C., 151.)

§ 411. View of premises, when ordered, and how conducted.When, in the opinion of the court, it is proper that the jury should view the place in which the crime is charged to have been committed, or in which any material fact occurred, it may order the jury to be conducted, in a body, under charge of proper officers, to the place, which must be shown to them by a judge of the court, or by a person appointed by the court for that purpose.

When, in a capital case after the testimony was closed, several members of the jury while walking out for exercise, by leave of the court, in charge of the officers, visited the scene of the homicide and examined it, it was held ground for new trial. (Eastwood v. People, 3 Park., 25; 14 N. Y., 562.)

In any case, such misconduct is ground for a newtrial. (People v. Tyrrel, 3 N. Y. Cr. R., 142.)

§ 412. Duty of officer as to jury. -The officers, mentioned in the last section, must be sworn to suffer no person to speak to or communicate with the jury, nor to do so themselves, on any subject connected with the trial, and to return them into court without unnecessary delay, or at a specified time.

§ 413. Knowledge of a juror, to be declared in court, and juror to be sworn as witness. - If a juror have any personal knowledge, respecting a fact in controversy in a cause, he must declare it in open court, during the trial. If, during the retirement of jury, a juror declare a fact, which could be evidence in the 'cause, as of his own knowledge, the jury must return into court. In either of these cases, the jury making the statement must be sworn as a witness, and examined in the presence of the parties.

§ 414. Jurors may be permitted to separate during the trial; if kept together; oath of the officers. -The jurors sworn to try an indictment may, at any time before the submission of the cause to the jury, in the discretion of the court, be permitted to separate, or be kept in charge of proper officers. Such officers must be sworn to keep the jurors together until the next meeting of the court, to suffer no person to speak to or communicate with them, nor to do so themselves, on any subject connected with the trial, and to return them into court at the next meeting thereof.

§ 415. Jurors not to converse together on the subject of the trial, nor form an opinion until the cause is submitted. -The jury must also, at each adjournment of the court, whether permitted to separate or kept in charge of officers, be admonished by the court, that it is their duty not to converse among themselves on any subject connected with the trial, or to form or express any opinion thereon, until the cause is finally submitted to them.

(a) Admonishing jury - Unless it is shown that the prisoner has been prejudiced thereby, judge's omission to admonish the jury on adjournment of court is not ground for a new trial. (People v. Draper, 28 Hun, 1; 1 N. Y. Crim. R. 138.)

A claim that the trial court omitted to admonish the jurors as required cannot be considered on appeal where there is no part of the record showing distinctly that this was not done, and no question appears to have been raised or exception taken in regard to the matter. People v. Rugg, 3 N. Y. Crim. R., 172.

(6) Where an inadvertent omission to give the admonition required by this section does not prejudice the prisoner, the verdict will not be set aside. (People v. Draper, 28 Hun, 1.)

(c) Such failure to admonish will not be presumed.---When the case on appeal does not disclose any failure on the part of the trial judge to admonish the jury at each adjournment as required, such failure will not be presumed. (People v. Reary, 4 N. Y. Cr. R.; 1, 1 N. Y. State Rep., 438.

(1) Disobedience of admonition is not a criminal contempt.--A juror who disobeys this admonition of the court is guilty of a misdemeanor. (People ez rel. Munsell v. Court of Oyer and Terminer, 3 N. Y. Cr. R. 211, 101, N. Y. 245.

§ 416. Proceedings, where juror becomes unable to perform his duty before conclusion of trial. - If, before the conclusion of the trial, a juror becomes sick, so as to be unable to perform his duty, the court may order him to be discharged, and another jury to be then or afterward impaneled.

(2) Must be twelve jurors. -A jury consists of twelve and a trial had before less than twelve jurors is a nullity even though the prisoner consent thereto. (Cancemi v. People, 18 Ν. Υ., 128.)

§417. Court to decide questions of law arising during trial.The court must decide all questions of law which arise in the course of the trial.

(a) Lesser degree of crime; duty of court. -It is the duty of the court to point out to the jury the facts which bring the crime within a lesser degree than charged, if there be evidence to warrant it. (People v. Rego, 3 N. Y., Cr. R 275.) If there is no evidence to bring the crime within the degree charged or any lesser degree, it is the duty of the court to so charge. (Ib.)

It is error to submit a question of law to the jury. (Glaucus v. Black, 67 N. Y., 563.)

In criminal as well as civil cases it is the province of the court to decide questions of fact. (People v. Finnegan, 1 Park., 147.)

§ 418. On indictment for libel, jury to determine of laws and fact.On the trial of an indictment for libel, the jury have the right to determine the law and the fact.

§ 419. In all other cases, court to decide questions of law, subject to right of defendant to except. On the trial of an indictment for any other crime than libel, questions of law are to be decided by the court, saving the right of the defendant to except; questions of fact by the jury. And although the jury have the power to find a general verdict, which includes questions of law as well as of fact, they are bound, nevertheless, to receive as law what is laid down as such by the court.

§ 420. Charge to jury. - In charging the jury, the court must state to them all matters of law which it thinks necessary for their information in giving their verdict; and must, if requested, in addition to what it may deem its duty say, inform the jury that they are the exclusive judges of all questions of fact.

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A new trial was refused which was asked for because the judge, though requested, declined to charge the jury, there being no dispute as to the law in the case. (People v. Gray 5 Wend., 289.)

(a) Charge error of facts. Where the judge charges that the crime charged in the indictment is a misdemeaner instead of a felony, and no exception was taken, held no injury to accused. People v. Bragle, 88 N. Y., 585.

§ 421. Jury may decide in court; or retire in the custody of officers; oath of the officers. - After hearing the charge, the jury may either decide in court, or may retire for deliberation. If they do not agree without retiring, one or more officers must be sworn, to keep them together in some private and convenient place, and not to permit any person to speak to or communicate with them, nor do so themselves, unless it be by order of the court, or to ask them whether they have agreed upon a verdict, and to return them into court when they have so agreed, or when ordered by the court.

(1) Jury separating, effect of. - When a jury separates without authority, after the case has been submitted to them, without finding a verdict, they may be discharged and a new trial had. (People v. Reagle, 60 Barb., 527.)

(6) Reading newspapers. -A new trial in a capital case will not be granted merely because the jury read a newspaper containing a report of the trial, but without any comments which would prejudice the prisoner. (People v. Gaffney, 14 Abb. [N. S.], 36.)

§ 422. When defendant on bail appears for trial, he may be committed. When a defendant, who has given bail, appears for trial, the court may, in its discretion, at any time after his appearance for trial, order him to be committed to the custody of the