691. Person, etc., of habitual criminal.

692. Effect of pardon.

693. Woman concealing birth of issue.

694. Imprisonment on two or more convictions.
695. Same.

696. Convict, when sentenced for life.

697. Sentence, how limited.

698. Imprisonment of female convict.

699. Persons between age of 16 and 21 years.

700. Persons between 16 and 30 years.

701. House of refuge.

702. Imprisonment in county jail.

703. Id.; in county jail or state prison.

704. Id. in state prison.

705. Place to be specified in sentence; removal.
706. Limit of fine.

§ 677. When crimes punishable in different ways. An act or omission which is made criminal and punishable in different ways, by different provisions of law, may be punished under any one of those provisions, but not under more than one; and a conviction or acquittal under one bars a prosecution for the same act or omission under any other provision.

§ 678. Acts punishable under foreign law. An act or omission declared punishable by this Code, is not less so because it is also punishable under the laws of another state, government or country, unless the contrary is expressly declared in this Code.

§ 679. Foreign conviction or acquittal. Whenever it appears upon the trial of an indictment, that the offense was committed in another state or country, or under such circumstances that the courts of this state or government had jurisdiction thereof, and that the defendant has already been acquitted or convicted on the merits upon a criminal prosecution under the laws of such state, or country, founded upon the act or omission in respect to which he is upon trial, such former acquittal or conviction is a sufficient defense.

3 R. S. 988, § 4.

§ 680. Contempt, how punishable. A criminal act is not the less punishable as a crime, because it is also declared to be punishable as a contempt of court.

3 R. S. 442, § 14.

§ 681. Mitigation of punishment in certain cases. Where it appears, at the time of passing sentence on a person convicted that he 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, passing sentence, may mitigate the punishment to be imposed, in its discretion.

§ 682. Rule or punishment of accessory. When an act or omission is declared by statute to be a misdemeanor, and no punishment for aiding or abetting in the doing thereof is expressly prescribed, every person who aids, or abets another in such act or omission is also guilty of a misdemeanor.

§ 683. Sending letter, when deemed complete. 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 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 is received by the person to whom it is addressed.

684. Omission to perform duty. No person is punishable for an omission to perform an act, where such act has been performed by another person acting in his behalf, and competent by law to perform it.

§ 685. Attempts to commit crimes. A person may be convicted of an attempt to commit a crime, although it appears on the trial that the crime was consummated, unless the court, in its discretion, discharges the jury and directs the defendant to be tried for the crime itself.

3 R. S. 994, § 47.

§ 686. Same. A person who unsuccessfully attempts to commit a crime is indictable and punishable, unless otherwise specially prescribed by statute, as follows:

1. If the crime attempted is punishable by the death of the offender, or by imprisonment for life, the person convicted of the attempt is punishable by imprisonment for not more than ten years.

2. In any other case, he is punishable by imprisonment for not more than half of the longest term, or by a fine not more than onehalf of the largest sum, prescribed upon a conviction for the commission of the offense attempted, or by both such fine and imprisonment.

3 R. S. 988, § 3.

§ 687. Restrictions upon preceding sections. The last section does not protect a person who, in attempting unsuccessfully to commit a crime, accomplishes the commission of another and different crime, whether greater or less in guilt, from suffering the punishment prescribed by law for the crime committed.

§ 688. Second offense. A person, who, after having been convicted within this state, of a felony, or an attempt to commit a felony, or of petty larceny, or, under the laws of any other state, government, or country, of a crime which, if committed within this state, would be a felony, commits any crime, within this state, is punishable upon conviction of such second offense, as follows:

1. If the subsequent crime is such that, upon a first conviction, the offender might be punished, in the discretion of the court, by imprisonment for life, he must be sentenced to imprisonment in a state prison for life;

2. If the subsequent crime is ch that, upon a first conviction, the offender would be punishable by imprisonment for any term less than his natural life, then such person must be senced to imprisonment for a term not less than the longest term, nor more than twice the longest term, prescribed upon a first conviction.

3 R. S. 989, §§ 8, 10.

§ 689. Second offense. A person who, having been convicted within this state of a misdemeanor, afterwards commits and is convicted of a felony, must be sentenced to imprisonment for the

longest term prescribed for the punishment upon a first conviction for the felony.

3 R. S. 989, § 9.

690. Habitual criminals. Where a person is hereafter convicted of a felony, who has been, before that conviction, convicted in this state, of any other crime, or where a person is hereafter convicted of a misdemeanor who has been already five times convicted in this state of a misdemeanor, he may be adjudged by the court, in addition to any other punishment inflicted upon him, to be an habitual criminal.

691. Person, etc., of habitual criminal. The person of an habitual criminal shall be at all times subject to the supervision of every judicial magistrate of the county, and of the supervisors and overseers of the poor of the town where the criminal may be found, to the same extent that a minor is subject to the control of his parent or guardian.

§ 692. Effect of pardon. The governor may grant a pardon which shall relieve from judgment of habitual criminality as from any other sentence; but upon a subsequent conviction for felony of a person so pardoned, a judgment of habitual criminality may be again pronounced on account of the first conviction, notwithstanding such pardon.

§ 693. Woman concealing birth of issue. A woman, who, having been convicted of endeavoring to conceal the still birth of any issue of her body, which, if born alive, would be a bastard, or the death of any such issue under the age of two years, subsequently to such conviction endeavors to conceal any such birth or death, is punishable by imprisonment in a state prison not exceeding five years, and not less than two years.

3 R. S. 972, § 22. See § 296, ante.

§ 694. Imprisonment on two or more convictions. Where a person is convicted of two orore offenses, before sentence has been pronounced "pon him for either offense, the imprisonment, to which he is sent...ed upon the second or other subsequent conviction, must commence at the termination of the first or other prior term or terms of imprisonment, to which he is sentenced.

3 R. S. 990, § 11.

§ 695. Same. Where a person, under sentence for a felony, afterward commits any other felony, and is thereof convicted and

sentenced to another term of imprisonment, the latter term shall not begin until the expiration of all the terms of imprisonment, to which he is already sentenced.

Id.

§ 696. Convict, when sentenced for life. When a crime is declared by statute to be punishable by imprisonment for not less than a specified number of years, and no limit of the duration of the imprisonment is declared, the court authorized to pronounce judgment upon conviction may, in its discretion, sentence the offender to imprisonment during his natural life, or for any number of years not less than the number prescribed.

Id. § 12.

§ 697. Sentence, how limited. Where a convict is sentenced to be imprisoned in a state prison or a penitentiary for a longer period than one year, the court before which the conviction is had must limit the term of the sentence, baving reference to the probability of the convict earning a reduction of his or her term for good behavior, as provided by statute, and assuming that such reduction will be earned, so that it will expire between the month of March and the month of November, unless the exact period of the sentence is fixed by law.

698. Imprisonment of female convict. A female convicted of a felony punishable by imprisonment, must be sentenced to imprisonment in a county penitentiary, instead of a state prison If there is no penitentiary in the county in which she is convicted, she must be sentenced to imprisonment in the nearest penitentiary. 3 R. S. 1093, § 113.

§ 699. Persons between the age of 16 and 21 years. Where a person between the ages of sixteen and twenty-one years is convicted of a felony, or where the term of imprisonment of a male convict for a felony is fixed by the trial court at three years or less, the court may direct the convict to be imprisoned in a county penitentiary, instead of a state prison, if there is a county penitentiary within the judicial district in which the trial is had.

3 R. S. 993, § 36.

§700. Persons between 16 and 30 years. A male between the ages of sixteen and thirty, convicted of felony, who has not theretofore been convicted of crime, may, in the discretion of the trial court, be sentenced to imprisonment in the New York State reformatory at Elmira, to be there confined under the provisions of law relating to that reformatory.

3 R. S. 1114, § 250.