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 fl. 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 N. Y. 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., 8$ 414, 415; and § 10, ante; § 685, post. People v. Jackson, 3 Hill, 92; People v. Saunders, 4 Park. 196; Keefe v. People, 40 N. Y. 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 Hun, 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 N. Y. 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. Treason. 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.; §, 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. TITLE V. Of Crimes against the Elective Franchise. 41. Misdemeanors at political caucuses and conventions. 41b. Mutilation, destruction or loss of registry list. 41c. Misconduct of registry officers. 41d. Failure of house dweller to answer inquiries. 41e. Removal, mutilation or destruction of election supplies, poll-lists or cards of instruction. 41f. Refusal to permit employes to attend election. 41g. Misconduct in relation to certificates of nomination and official ballots. 41h. Failure to deliver official ballots. 411. Misconduct of election officers and watchers. 41j. Violation of election law by public officer. 41k. Misdemeanors in relation to elections 411. Voting after conviction of infamous crime. 41m. Voting by inhabitant of another state or country. 41n. False returns. 410. Furnishing money or entertainment to induce attendance at polls. 41p. Giving considerations for franchise 41q. Receiving consideration for franchise. 41r. Testimony upon prosecution. 41s. Bribery or intimidation of elector in military service of United States. SEC. 41t. Duress and intimation of voters. 41u. Political assessment. 41v. Political assessments. 41w. Corrupt use of position or authority. 41x. Failure to file candidates' statement of expenses. 41x. Procuring fraudulent certificates in order to vote. 41y. Presenting fraudulent certificates to registry boards to procure registration. 41. Misdemeanor at political caucuses and conventions.— Any person who, 1. Votes or attempts to vote at a political caucus or convention without being entitled to do so; or, 2. By bribery, menace or other corrupt means, directly or indirectly, attempts to influence the vote of any person entitled to vote at such caucus or convention, or obstructs such person in voting, or prevents him from voting thereat; or, 3. Fraudulently or wrongfully does any act tending to affect the result of an election at such caucus or convention; or, 4. Being an officer, teller or canvasser thereof, willfully omits, refuses or neglects to do any act required by the election law, or refuses to permit any person to do any act authorized thereby, or makes or attempts to make any false canvass of the ballots cast at such caucus or convention or statement of the result of a canvass of the ballots cast thereat; or, 5. Induces or attempts to induce any officer, teller or canvasser of such caucus or convention to do any act in violation of his duty; or, 6. Directly or indirectly, by himself or through any other person, pays, or offers to pay money or other valuable thing to any person to induce any voter or voters to vote or refrain from voting at such caucus or convention for any particular person or persons; or, 7. Directly or indirectly, by himself or through any other person, receives money or other valuable thing before, at or after such caucus or convention for voting or refraining from voting for or against any person at such caucus or convention, is guilty of a misdemeanor, punishable by imprisonment for not more than one year. [AM'D BY CHAP. 721 of 1895. In effect September 1, 1895.] R. S. 458, L. 1882, ch. 154, 1, 3. $41a. False registration.- Any person who causes his name to be placed upon any list or register of voters in more than one election district for the same election, or upon a list or register of voters, knowing that he will not be qualified voter in the district at the election for which such list or register is made, or aids or abets any such act, is punishable by imprisonment for not more than five years. L. 1890, ch. 321, § 21. § 41b. Mutilation, destruction or loss of registry list. Any per son who willfully loses, destroys or mutilates the list or register of voters in any election district, or a certified copy thereof, after the making of the same and before the closing of the polls of the election for which the same is made is guilty of a misdemeanor. L. 1890, ch. 321, § 21. § 41c. Misconduct of registry officers.-Any member or clerk of a registry board who willfully violates any provision of the election law relative to registration of electors or willfully neglects or refuses to perform any duty imposed on him by law, or is guilty of any fraud in the execution of the duties of his office, shall be punishable by imprisonment for not less than two and not more than ten years. JAMD BY CH. 692 of 1893.] 41d. Failure of house-dwellers to answer inquiries.- Any per son dwelling in a building in a city who willfully refuses to truly answer any question asked by an elector of such city, between the rst meeting of the boards of registry therein for any election and the closing of the polls of such election, relating to the residence and qualifications as a voter of any person dwelling in such building, or of any person who appears upon the list or register of voters made by a board of registry as residing at such building, is guilty of a misdemeanor. L. 1890, ch. 321, § 15. S41e. Removal, mutilation or destruction of election booths, supplies, poll-lists or cards of instruction.-Any person who: 1. During an election or town meeting, willfully defaces or injures a voting booth or compartment, or willfully removes or destroys any of the supplies or other conveniences placed in the voting booths or compartments in pursuance of law; or, 2. Before the closing of the polls, willfully defaces or destroys any list of candidates to be voted for at such election or town meeting, posted in accordance with the election law; or, 3. During an election or town meeting, willfully removes or defaces the cards for the instruction of voters, posted in accordance with the election law, is guilty of a misdemeanor. [AMD. BY CH. 714 of 1894. Took effect May 19, 1894.] L. 1890, ch. 321, § 21. S41f. Refusal to permit employes to attend election.- A person or corporation who refuses to an employe entitled to vote at an election or town meeting, the privilege of attending thereat, as provided by the election law, or subjects such employe to a penalty or reduction of wages because of the exercise of such privilege, is guilty of a misdemeanor. L. 1890, ch. 321, § 36. 41g. Misconduct in relation to certificates of nomination, and official ballots. A person who, 1. Falsely makes or makes oath to, or fraudulently defaces or destroys, a certificate of nomination or any part thereof; or 2. Files or receives for filing a certificate of nomination knowing that any part thereof was falsely made; or 3. Suppresses a certificate of nomination which has been duly filed, or any part thereof; or 4. Forges or falsely makes the official indorsement of any ballot; or 5. Having charge of official ballots, destroys, conceals or suppresses them, except as provided by law, Is punishable by imprisonment for not less than one nor more than five years. L. 1890, ch. 321, §§ 32, 34. - S41h. Failure to deliver official ballots. - Any person who has undertaken to deliver official ballots to any city, town or village clerk, or inspector, as authorized by the election law, and neglects or refuses to do so, is guilty of a misdemeanor. 41i. Misconduct of election officers and watchers.-Any elec tion officer or watcher who: 1. Reveals to another person the name of any candidate for whom a voter has voted; or. 2. Communicates to another person his opinion, belief or impression as to how or for whom a voter has voted; or, 3. Places a mark upon a ballot, or does any other act by which one ballot can be distinguished from another, or can be identified; or 4. Before the closing of the polls, unfolds a ballot which a voter has prepared for voting, is punishable by imprisonment for not less than six months nor more than one year. [AMD. BY CH. 714 of 1894. Took effect May 19, 1894.] L. 1890, ch. 321, § 34. 41j. Violation of election law by public officer. A public officer who omits, refuses or neglects to perform any act required of him by the election law, or refuses to permit the doing of any act authorized thereby, is, if not otherwise provided by law, punishabie by imprisonment for not more than three years, or by a fine of not more than three thousand dollars, or both. L. 1890, ch. 321, § 34. R. S. 440, L. 1880, ch. 56, § 20. $41k. Misdemeanors in relation to elections. Any person who, 1. Acts as an inspector of election, poll clerk or ballot clerk, without being able to read and write the English language, or without being otherwise qualified to hold such office; or 2. Being an inspector of election, knowingly and willfully permits or suffers any person to vote who is not entitled to vote thereat; or 3. Willfully and unlawfully obstructs, hinders or delays, or aids or assists in obstructing or delaying any elector on his way to a registration or polling place, or while he is attempting to register or vote; or, 4. Electioneers on election day within a polling place, or in a public street or in a building or room, unless such building or room has been maintained for such purpose for at least six months previous to said election day, or in any public manner within one hundred feet of a polling place; or displays any political poster or placard, except those lawfully provided, in or up n any building used for registration or election purposes during any day for registration or election; or, [AMD. BY CH. 549 OF 1896. In effect May 12, 1896.] 5 Romoves any official ballot from a polling-place before the closing of the polls; or, 6. Unlawfully goes within the guard-rail of any polling-place or unlawfully remains within such guard-rail after having been commanded to remove therefrom by any inspector of election; or, 7. Enters a voting booth with any voter or remains in a voting booth while it is occupied by any voter, or opens the door of a voting booth when the same is occupied by a voter, with the intent to watch such voter while engaged in the preparation of his ballot, except as authorized by the election law; or, 8. Being or claiming to be a voter, permits any other person to be in a voting booth with him while engaged in the preparation of his ballot, except as authorized by the election law, without openly protesting against and asking that such person be ejected; or, 9. Having lawfully entered a voting booth with a voter, requests, persuades or induces such voter to vote any particular ballot or for any particular candidate, or, directly or indirectly, reveals to another the name of any candidate voted for by such voter, or anything occurring within such voting booth; or, 10. Shows his ballot after it is prepared for voting to any person so as to reveal the contents, or solicits a voter to show the same; or, 11. Places any mark upon his ballot, or does any other act in connection with his ballot with the intent that it may be identified as the one voted by him; or, 12. Places any mark upon, or does any other act in connection with, a ballot or paster ballot, with the intent that it may afterwards be identified as having been voted by any particular person; or, 13. Receives an official ballot from any person other than one of the ballot clerks having charge of the ballots; or, |