sistance, is rape in the first degree. In all other cases rape is of the second degree. (2417 R. L. 1910)

1664. Punishment for Rape in First Degree-Rape in the first degree is punishable by death or imprisonment in the penitentiary, not less than fifteen years, in the discretion of the jury, or in case the jury fail or refuse to fix the punishment then the same shall be pronounced by the court. R. L. 1910)

(2418

. 1665. Punishment for Rape in Second Degree-Rape in the second degree is punishable by imprisonment in the penitentiary not less than one year nor more than fifteen years. (2419 R. L. 1910)

1666. Blasphemy Defined-Blasphemy consists in wantonly uttering or publishing words, casting contumelious reproach or profane ridicule upon God, Jesus Christ, the Holy Ghost, the Holy Scriptures or the Christian or any other religion. (2398 R. L. 1910)

1667. Serious Discussion not Blasphemy-If it appears beyond reasonable doubt that the words complained of were used in the course of serious discussion, and with intent to make known or recommend opinions entertained by the accused, such words are not blasphemy. (2399 R. L. 1910)

1668. Blasphemy a Misdemeanor-Blasphemy is a misdemeanor. (2400 R. L. 1910)

1669. Profane Swearing-Profane swearing consists in any use of the name of God, or Jesus Christ, or the Holy Ghost, either in imprecating divine vengeance upon the utterer, or any other person, or in light, trifling or irreverent speech. (2401 R. L. 1910)

1670. Punishment-Every person guilty of profane swearing is punishable by a fine of one dollar for each offense. (2402 R. L. 1910)

1671. Obscene Language-If any person shall utter or speak any obscene, profane or lascivious language or word in any public place, or in the presence of females, or in the presence of children under ten years of age, he shall be liable to a fine of not more than one hundred dollars, or imprisonment for not more than thirty days, or both. (2403 R. L. 1910)

Language used need not necessarily consist of words obscene or lascivious within themselves, but if the sense and meaning employed is

either obscene or lacivious it is an offense. See information. State v. Payne, 14 Okla. Cr. 469, 172 P. 1096.

To constitute a good charge, the information should allege that the language used was in the presence of a female, if such was the case. Sandlin v. State, 3 Okla. Cr. 578, 107 P. 946.

When the information states the name of the female in whose presence it was used, the state is confined in its proof to the specific charges therein. Blackburn v. State, 7 Okla. Cr. 579, 124 P. 1111.

1672. Sunday to be Observed-The first day of the week being by very general consent set apart for rest and religious uses, the law forbids to be done on that day certain acts deemed useless and serious interruptions of the repose and religious liberty of the community. Any violation of the prohibition is Sabbath-breaking. (2404 R. L. 1910)

Sunday Observation of other day-Servile labor-Sabbath lawconstrued and applied. Krieger et al. v. State, 12 Okla. Cr. 566, 160 P. 86.

1673. Sabbath Breaking-The following are the acts forbidden to be done on the first day of the week, the doing of any of which is Sabbath-breaking:

"First: Servile labor, except works of necessity or charity. Second: Trades, manufactures and mechanical employment. Third: All shooting, horse racing or gaming.

Fourth: All manner of public selling, or offering or exposing for sale publicly, of any commodities, except that meats, bread and fish may be sold at any time before nine o'clock in the morning, and except that food and drink may be sold to be eaten and drank upon the premises where sold, and drugs, medicines, milk, ice and surgical appliances and burial supplies may be sold at any time of the day." (S. L. 1913, 456)

To charge a violation of this section, the information should allege the specific acts which the accused did. A game of baseball played on the Sabbath where an admittance fee is charged fixes the character of such game as a public sport, and constitutes a violation of law. Cheeves v. State, 5 Okla. Cr. 362, 114 P. 1125.

1674. Observing Other Day as Holy-It is sufficient defense in proceedings for servile labor on the first day of the week, to show that the accused uniformly keeps another day. of the week as holy time, and does not labor upon that day, and that the labor complained of was done in such manner as not to interrupt or disturb other persons in observing the first day of the week as holy time. (2406 R. L. 1910)

1675. Serving Process-All service of legal process of any description whatever, upon the first day of the week, is prohibited, except in cases of breach of the peace, or apprehended breach of the peace, or when sued out for the apprehension of a person charged with crime, or except where such service shall be specially authorized by law. (2407 R. L. 1910)

1676. Punishment for Sabbath-Breaking-Every person guilty of Sabbath-breaking is punishable by a fine of not more than twenty-five dollars for each offense. (2408 R. L. 1910)

1677. Malicious Service of Process-Whoever maliciously procures any process in a civil action to be served on Saturday upon any person who keeps Saturday as holy time, and does not labor on that day, or serves upon him any process returnable on that day, or maliciously procures any civil action to which such person is a party to be adjourned to that day for trial, is guilty of a misdemeanor. (2409 R. L. 1910)

1678. Compelling Form of Belief-Any wilful attempt, by means of threats or violence to compel any person to adopt, practice or profess any particular form of religious belief, is a misdemeanor. (2410 R. L. 1910)

1679. Preventing Religious Act-Any person who wilfully prevents, by threats or violence, another person from performing any lawful act enjoined upon or recommended to such person by the religion which he professes, is guilty of a misdemeanor. (2411 R. L. 1910)

1680. Embezzlement and False Accounts by Officers-Every public officer of the state or any county, city, town, or member or officer of the legislature, and every deputy or clerk of any such officer and every other person receiving any money or other thing of value on behalf of or for account of this state or any department of the government of this State or any bureau or fund created by law and in which this State or the people thereof are directly or indirectly interested, who either:

First: Appropriates to his own use, or to the use of any person not entitled thereto, without authority of law, any money or anything of value received by him as such officer, clerk or deputy, or otherwise, on behalf of this state, or any subdivision of this state, or the people thereof, or in which they are interested; or,

Second: Receives, directly or indirectly, any interest, profit or perquisites, arising from the use or loan of public funds in his hands or money to be raised through his agency for state, city, town, district or county purposes; or,