town meeting. Publishing false mes sages, &c., or State ex ecutive. who offers to vote at any annual town meeting after having voted at an annual town meeting held in another town, within the same year, is guilty of a misdemeanor. Suggested as a substitute for Rep. Pol. Code, § 986. See note to section 68 of this Code, for reasons for change of phraseology. S735. Every person who prints, publishes or cir of Federal culates, as true, any message, order or proclamation purporting to be the message, order or proclamation of the executive of the United States or of this state, or of any other state of the United States now or hereafter admitted, or of any territory of the United States, knowing the same not to be genuine, is punishable, in any county in which the same is printed, published or circulated, by imprisonment in a state prison not exceeding five years, or by fine not exceeding one thousand dollars, or both. This section is rendered necessary by the recent publication, by one Howard, of a proclamation purporting to be the act of the president of the United States, in effect announcing the defeat of the Union armies, appointing a day of fasting, and calling for additional troops. If this be regarded as the act of two or more in combination, it would have been punishable at common law as a conspiracy to affect the price of stocks. (See Cochrane's case, 2 Townsh. St. Tr., 1), and also under section 244, subd. 5, of this code; and if considered as the act of an individual, it is made punishable by section 469. But the magnitude of the offense, especially in times of great public excitement like the present, demands that such au act should be punished with more severity than a simple misdemeanor. The section in the text is extended to messages, &c., of the executive of the United States, because the greatest evil lies in such publications, and they are most likely to be made in our commercial metropolis, as a center of influence and information. Besides, there being no common law of the United States, the offense cannot be punished as a conspiracy, in the Federal courts. Nor is there any statute of the United States making it punishable at all, unless it may be treated as a military offense, which is doubtful. Indeed, it is understood that Howard has been discharged, there being no law of the The reasons which require the section to be extended expressly forbidden. $ 736. Every person who willfully and wrongfully Acts not commits any act which grossly injures the person or property of another, or which grossly disturbs or endangers the public peace or health, or which openly outrages public decency and is injurious to public morals, for which no other punishment is expressly prescribed therefor by this Code, is guilty of a misdemeanor. See Barb. Cr. L., 220, 222; Commonwealth v. Sharpless, 2 Serg. & R., 91; 1 Russ. Cr., 45; Bish. Cr. L., § 394. TITLE XVIII. GENERAL PROVISIONS. SECTION 737. Acts made punishable by different provisions of this Code. 738. Acts punishable under foreign law. 739. Foreign conviction or acquittal. 740. Contempts, how punishable. 741. Mitigation of punishment in certain cases. 742. Aiding in misdemeanor. 743. Sending letter, when deemed complete. 744. Omission to perform duty, when punishable. 748. Second offenses, how punished, after conviction of former offense. 749. Attempts to conceal death of child, how punished after con viction of former attempt. 750. Second offenses, how punished, after conviction of petit 751. Foreign conviction for former offense. 752. Second term of imprisonment, when to commence. 754. Sentence to state prison, how to be limited. 755. Juvenile offenders may be sent to penitentiary. Acts made punishable provisions of this Code SECTION 756. Fine may be added to imprisonment. 758. Civil death. 759. Person of convict protected. 760. Forfeitures. 761. Witness' testimony may be read against him on prosecution for perjury. 762. Certain terms defined, in the senses in which they are used in this Code. 778. "Person," when used to denote owner of property. 779. Singular includes plural. 780. Masculine word includes feminine, &c. 781. Present tense, how used. 782. What intent to defraud is sufficient. 783. Civil remedies preserved. 784. Proceedings to impeach or remove officers and others, pre served. 785. Military punishments and punishments for contempt and certain special proceedings preserved. 786. Certain statutes specified as continuing in force. S 737. An act or omission which is made punishaby different ble in different ways by different provisions of this Code, may be punished under either of such provisions (except that in the cases specified in sections 748 to 751, inclusive, the punishment therein prescribed are substituted for those prescribed for a first offense), but in no case can it be punished under more than one; and an acquittal or conviction and sentence under either one, bars a prosecution for the same act or omission under any other. ishable un $ 738. An act or omission declared punishable by Acts punthis Code, is not less so because it is also punishable der foreign under the laws of another state, government or country, unless the contrary is expressly declared in this Code, law. conviction $739. But whenever it appears upon the trial of Foreign an indictment that the accused has already been or acquittal. acquitted or convicted upon any criminal prosecution under the laws of another state, government or country, founded upon the act or omission in respect to which he is upon trial, this is a sufficient defense This section is intended to apply in cases where the foreign acquittal or conviction took place in respect to the particular act or omission charged against the accused upon the trial in this state, and is not restricted to cases where the accused was tried abroad under the same charge. how pun $ 740. A criminal act is not the less punishable as Contempts, a crime, because it is also declared to be punishable ishable. as a contempt. $ 741. But where it is made to appear at the time of passing sentence upon a person convicted upon indictment, that such person has already paid a fine or suffered an imprisonment for the act of which he stands convicted, under an order adjudging it a contempt, the court authorized to pass sentence may mitigate the punishment to be imposed, in its discretion. Founded upon 2 Rev. Stat., 278, § 15. meanor. $742. Whenever an act is declared a misdemeanor, Aiding in and no punishment for counseling or aiding in the misde commission of such act is expressly prescribed by law, every person who counsels or aids another in the commission of such act, is guilty of a misdemeanor, The punishment of accessories in cases of felony, is provided for by section 30 of this Code. Sending letter, when deemed complete. Omission to perform S743. In the various cases in which the sending of a letter is made criminal by this Code, the offense is deemed complete from the time when such letter is deposited in any post office or any other place, or delivered to any person with intent that it shall be forwarded. And the party may be indicted and tried in any county wherein such letter is so deposited or delivered, or in which it shall be received by the person to whom it is addressed. See Rex v. Williams, 2 Campb., 506. S744. No person is punishable for an omission to duty, when perform an act, where such act has been performed by another person acting in his behalf, and competent by law to perform it. punishable able. Attempts to commit crimes, when punishable. Attempts to commit crimes, how punishable. $ 745. Any person may be convicted of an attempt to commit a crime although it appears on the trial that the crime intended or attempted was perpetrated by such person in pursuance of such attempt, unless the court, in its discretion, shall discharge the jury and direct such person to be tried for such crime. See 2 Rev. Stat., 702, § 26; Stat. 14 and 15 Vict., ch. 100, $9. S746. Every person who attempts to commit any crime, but fails, or is prevented or intercepted in the perpetration thereof, is punishable, where no provision is made by law for the punishment of such attempt, as follows: 1. If the offense so attempted be punishable by imprisonment in a state prison for four years or more, or by imprisonment in a county jail, the per son guilty of such attempt is punishable by imprisonment in a state prison, or in a county jail, as the case may be, for a term not exceeding one-half the longest term of imprisonment prescribed upon a conviction for the offense so attempted; 2. If the offense so attempted be punishable by imprisonment in a state prison for any time less than |