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the last mentioned case, may be punished in the same manner as if convicted of being accessory before the fact. (a)

sions relative to

person not rela

(5939.) SEC. 3. Any person charged with the offence men-Further provitioned in the preceding section, may be indicted, tried and the same. convicted in the same County where the principal might be indicted and tried, although the offence of counseling, hiring or procuring the commission of such felony, may have been committed on the high seas, or on any other navigable waters, or on land, either within or without the limits of this State. (5940.) SEC. 4. Every person not standing in the relation of Punishment of husband or wife, parent, or grand parent, child or grandchild, tive for aiding brother or sister, by consanguinity or affinity, to the offender, felon. who, after the commission of any felony, shall harbor, conceal, maintain or assist any principal felon, or accessory before the fact, or shall give such offender any other aid, knowing that he had committed a felony, or had been accessory thereto before the fact, with intent that he shall avoid or escape from detection, arrest, trial or punishment, shall be deemed an accessory after the fact, and shall be punished by imprisonment in the State prison not more than seven years, or in the County jail not more than one year, or by fine not exceeding one thousand dollars.

tried.

(5941.) SEC. 5. Every person who shall have become an How such person accessory after the fact to any felony, may be indicted, convicted and punished, whether the principal felon shall or shall not have been previously convicted, or shall or shall not be amenable to justice, by any Court having jurisdiction to try the principal felon, and either in the County where such person shall have become an accessory, or in the County where such principal felony shall have been committed.

dary of two Coun.

(5942.) SEC. 6. Any offence committed on the boundary of offence on bountwo counties, or within one hundred rods of the dividing line ties. between them, may be alleged in the indictment to have been committed, and may be prosecuted and punished in either county.

County.

(5943.) SEC. 7. If any mortal wound shall be given, or other Death from inju violence or injury shall be inflicted, or any poison shall be it another administered in one county by means whereof death shall ensue in another county, the offence may be prosecuted and punished in either county.

(a)

e the Fifth and Nineteenth Sections of the Act of May 16, 1855, in Chapter One Hundred and Ninety-Five.

Or on the High
Seas, etc.

Embezzlement and evidence.

Ownership of property embezzled.

1 Mass., 476. 14 do. 217.

Attempts to commit crimes.

3 Cushing, 529.

(5944.) SEC. 8. If any such mortal wound shall be given, or other violence or injury shall be inflicted, or poison administered on the high seas, or on any other navigable waters, or on land, either within or without the limits of this State, by means whereof death shall ensue in any county thereof, such offence may be prosecuted and punished in the County where such death may happen.

(5945.) SEC. 9. In any prosecution for the offence of embezzling the money, bank notes, checks, bills of exchange, or other securities for money, of any person, by a clerk, agent or servant of such person, it shall be sufficient to allege generally in the indictment, an embezzlement of money to a certain amount, without specifying any particulars of such embezzlement, and on the trial, evidence may be given of any such embezzlement committed within six months next after the time stated in the indictment; and it shall be sufficient to maintain the charge in the indictment, and shall not be deemed a variance, if it shall be proved that any money, bank note, check, draft, bill of exchange, or other security for money, of such person, of whatever amount, was fraudulently embezzled by such clerk, agent or servant within the said period of six months.

(5946.) SEC. 10. In the prosecution of any offence committed upon or in relation to, or in any way affecting any real estate, or any offence committed in stealing, embezzling, destroying, injuring, or fraudulently receiving or concealing any money, goods or other personal estate, it shall be sufficient, and shall not be deemed a variance, if it be proved on the trial, that at the time when the offence was committed, either the actual or constructive possession, or the general or special property, in the whole or in any part of such real or personal estate, was in the person or community alleged in the indictment or other accusation to be the owner thereof.

(5947.) SEC. 11. Every person who shall attempt to commit an offence prohibited by law, and in such attempt shall do any act towards the commission of such offence, but shall fail in the perpetration, or shall be intercepted or prevented in the execution of the same, when no express provision is made by law for the punishment of such attempt, shall be punished as follows:

1. If the offence attempted to be committed is such as is punishable with death, the person convicted of such attempt

shall be punished by imprisonment in the State prison not more than ten years;

2. If the offence so attempted to be committed is punishable by imprisonment in the State prison for life, or for five years or more, the person convicted of such attempt, shall be punished by imprisonment in the State prison not more than three years, or in the county jail not more than one year;

3. If the offence so attempted to be committed is punishable by imprisonment in the State prison for a term less than five years, or by imprisonment in the County jail, or by fine, the offender convicted of such attempt shall be punished by imprisonment in the County jail not more than one year, or by fine not exceeding three hundred dollars; but in no case shall the punishment by imprisonment exceed. one half of the greatest punishment which might have been inflicted if the offence so attempted had been committed.

sentenced.

(5948.) SEC. 12. When any person shall be convicted of any convicts before offence, and shall be duly sentenced therefor to confinement' in the State prison of this State, for one year or more, and it shall be alleged in the indictment on which such conviction is had, and admitted or proved on the trial, that the convict has before been sentenced to a like punishment by any Court in this State, or in any other of the United States, for a period not less than one year, he shall be sentenced to be punished by imprisonment in the State prison not more than seven years, in addition to the punishment prescribed by law for the offence of which he shall then be convicted.

before sentenced.

(5949.) SEC. 13. When any such convict shall have been convicts twice twice before sentenced to imprisonment at hard labor, for a period of not less than one year at each time, by any Court in this State, or in any other of the United States, he shall be sentenced to imprisonment at hard labor for life, or for a term of not less than seven years in addition to the punishment prescribed by law for the offence of which he shall then be convicted.

etc., abolished.

(5950.) SEC. 14. The plea of benefit of clergy, and the Benefit of Clergy, distinction between murder and petit treason, are abolished, Cass Code, 31. and the last named offence shall be prosecuted and punished

as murder.

appea for mur

(5951.) SEC. 15. Prosecutions by appeal, for murder, man- Prosecution by slaughter, rape, arson or other crime or offence, and trials by der, etc., abolbattle, are in all cases abolished.

ished.

How Jury may

find when offence

eat degrees.

(5952.) SEC. 16. Upon an indictment for any offence, consistconsists of differing of different degrees, as prescribed in this title, the jury 2 Metcalf, 193. may find the accused not guilty of the offence in the degree charged in the indictment, and may find such accused person guilty of any degree of such offence, inferior to that charged in the indictment, or of an attempt to commit such offence. (5953.) SEC. 17. When a defendant shall be acquitted or not to be tried convicted upon any indictment for an offence, consisting of different degree different degrees, as prescribed in this title, he shall not thereafter be tried or convicted for a different degree of the same offence; nor shall he be tried or convicted for any attempt to commit the offence charged in the indictment, or to commit any degree of such offence.

"De fendant once acquitted, etc.,

thereafter for a

of the same of ..fence.

'Felony' defined. 2 Mich. Rep., 550.

Felonious," and "feloniously" defined.

"Personal property" defined.

"Property" defined.

Offences indicta

ble at Common

(5954.) SEC. 18. The term "felony," when used in this title, or in any other statute, shall be construed to mean an offence for which the offender, on conviction, shall be liable by law to be punished by death, or by imprisonment in the State prison.

(5955.) SEC. 19. The term "felonious," when used in any statute, shall be construed as synonymous in meaning with the word "criminal," and the term "feloniously," when so used, as synonymous in meaning with the word "criminally."

(5956.) SEC. 20. The term "personal property," as used in this title, shall be construed to mean goods, chattels, effects, evidences of debt, of rights in action, and all written instru.ments by which any pecuniary obligation, or any right or title tc property real or personal, shall be created, acknowledged, transferred, increased, defeated, discharged or diminished.

(5957.) SEC. 21. The term "property," as used in this title, includes personal property as defined in the preceding section, and also every estate, interest and right in lands, tenements and hereditaments.

(5958.) SEC. 22. Every person who shall commit any indictLaw, how pun-able offence at the common law, for the punishment of which other provision no provision is expressly made by any statute of this State,

ished when no

is made, etc.

8.

1840, p. 45, Sec shall be punished by imprisonment in the County jail not more than two years, or by fine not exceeding two thousand dollars, or both, in the discretion of the Court.

OF

TITLE XXX I X.

PROCEEDINGS IN CRIMINAL CASES.

CHAPTER CXCIII. Of Proceedings to Prevent the Commission of Crime.

CHAPTER CXCIV. Of the Arrest and Examination of Offenders, Commitment for Trial and

Taking Bail.

CHAPTER CXCV. Of Indictments and Proceedings before Trial.

CHAPTER CXCVI. Of Trials in Criminal Cases.

CHAPTER CXCVII. Of New Trials and Exceptions in Criminal Cases.

CHAPTER CXCVIII. Of Inquests on the View of Dead Bodies.

CHAPTER CXCIX. Of Judgments in Criminal Cases and the Execution thereof.

CHAPTER CC. Miscellaneous Provisions Concerning Proceedings in Criminal Cases.

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