with the immediate custody of the libel under circumstances which exposed it to Cal. Pen. C. 252. 4201. Liability of authors, editors, and proprietors. Each author, editor, and proprietor of any newspaper, or serial publication, is chargeable with the publication of any words contained in any part of such book or number of such newspaper or serial. [C. L. § 4494. Cal. Pen. C. ? 253*. 4202. Privilege of fair report of public proceedings. No reporter, editor, or proprietor of any newspaper is liable to any prosecution for a fair and true report of any judicial, legislative, or other public official proceedings, or of any statement, speech, argument, or debate in course of the same, except upon proof of malice in making such report, which shall not be implied from the mere fact of publication. [C. L. § 4495. Cal. Pen. C. ? 254. 4203. Id. Privilege does not extend to libelous matter. Libelous remarks or comments connected with matter privileged by the last section receive no privilege by reason of their being so connected. [C. L. § 4496. Cal. Pen. C. 255. 4204. Privileged communication to interested person. A communication made to a person interested in the communication, by one who was also interested or who stood in such relation to the former as to afford a reasonable ground for supposing his motive innocent, is not presumed to be malicious, and is a privileged communication. [C. L. § 4497. Cal. Pen. C. 256. 4205. Threat to publish libel. Blackmail. Every person who threatens another to publish a libel concerning him, or any parent, husband, wife, or child of such person, or member of his family, and every person who offers to prevent the publication of any libel upon another person, with intent to extort any money or other valuable consideration from any person, is guilty of a misdemeanor. [C. L. § 4498. Cal. Pen. C. 257. Extortion by means of threats, 22 4385, 4390. 4206. Slander. Imputing unchastity to females. If any person shall, orally or otherwise, falsely and maliciously or falsely and wantonly impute to any female, married or unmarried, a want of chastity, he shall be deemed guilty of criminal slander, and upon conviction shall be punished by a fine of not less than one hundred nor more than one thousand dollars, or by imprisonment in the county jail not exceeding one year, or by both. Texas Pen. C. (1895) art. 750*. 4207. Id. Evidence. Imputation need not be false. Justification. In any prosecution under the next preceding section it shall not be necessary for the state to show that such imputation was false, but the defendant may in justification show the truth of the imputation, and the general reputation for chastity of the female alleged to have been slandered may be inquired into. Texas Pen. C. (1895) art. 751. CHAPTER 24. POLYGAMY, ETC. 4208. Polygamy defined. Exceptions. Every person who has a husband or wife living, who hereafter marries another, whether married or single, and any man who hereafter simultaneously, or on the same day, marries more than one woman, is guilty of polygamy, and shall be punished by a fine of not more than five hundred dollars and by imprisonment in the state prison for a term of not more than five years; but this section shall not extend to any person by reason of any former marriage whose husband or wife by such marriage shall have been absent for five successive years, and is not known to such person to be living, and is believed by such person to be dead, nor to any person by reason of any former marriage which shall have been dissolved by a valid decree of a competent court, nor to any person by reason of any former marriage which shall have been pronounced void by a valid decree of a competent court, on the ground of nullity of the marriage contract. ['92, pp. 5, 6. Polygamous or plural marriages to be forever prohibited, Enabling Act, sec. 3. Polygamous or plural marriages forever prohibited, Con. art. 3, sec. 1. This chapter declared in force by the constitution, Con. art. 24, sec. 2. CONSTITUTIONALITY OF LAW. The constitutional guaranty of religious freedom was not intended to prohibit legislation in respect to polygamy. Religious belief cannot be accepted as a justification of an overt act made criminal by the law of the land. Reynolds v. U. S., 98 U. S. 145; same case, 1 U. 319. Miles v. U. S., 103 U. S. 304; same case, 2 U. 19. PROOF OF MARRIAGE. On an indictment for bigamy, the first marriage may be proved by In a prosecution for polygamy, the polygamous marriage may be proven by the confessions of the defendant and by circumstances tending to corroborate the confessions. U. S. v. Basset, 5 U. 131; 13 P. 237. See U. S. v. Miles, 2 U. 19; 103 U. S. 304. U. S. v. Harris, 5 U. 621; 19 P. 197. It was not error in the court in its charge to the jury to call their attention to the evil consequences of bigamy or to remind them of the duty they had to perform. Reynolds v. U. S., 98 U. S. 145; same case, 1 U. 319. 4209. Unlawful cohabitation. If any male person hereafter cohabits with more than one woman, he shall be guilty of a misdemeanor, and on conviction thereof shall be punished by a fine of not more than three hundred dollars, or by imprisonment in the county jail for not more than six months, or by both said punishments, in the discretion of the court. The offense of cohabiting with more than one woman, when a man to all outward appearances lives and associates with two or more women as wives in the habit and repute of marriage, and sexual intercourse is not a necessary ingredient of this offense. U. S. v. Snow, 4 U. 280; 9 P. 501; see 118 U. S. 346. U. S. v. Musser. 4 U. 153; 7 P. 389. U. S. v. Cannon, 4 U. 122; 7 P. 369; affirmed, 116 U. S. 55; but see Cannon v. U. S., 118 Ü. S. 355. See U. S. v. Harris, 5. U. 436; 17 P. 75. U. S. v. Smith, 5. U. 232: 14 P. 291. U.S. v. Peay, 5 U. 263; 14 P. 342. A man is guilty of unlawful cohabitation even though he deserts the lawful wife and cohabits exclusively with the plural wife. U. S. v. Clark, 6 U. 120; 21 P. 463. "SEGREGATION" UNLAWFUL. A continuing offense such as that of cohabiting with more than one woman, in the sense of section three of the Edmunds-Tucker act, can be committed but once for the purposes of the indictment or prosecution prior to the time the prosecution is instituted. Overruling U. S. v. Snow, 4 U. 295; 9 P. 686. re Lorenzo Snow, 120 U. S. 274. In ['92, p. 6. if a man having a legal wife living makes habitual visits to her at her house, the presumption of law is that he makes the visits as a husband, and he should not be permitted to say that the visits were made by him in any character other than as a husband. U. S. v. Clark, 5 U. 226; 14 P. 288. U. S. v. Clark, 6 U. 120; 21 P. 463. U. S. v. Snow, 4 U. 295; 9 P. 686; 118 U. S. 346. U. S. v. Smith, 5 U. 273; 15 P. 1. U. S. v. Harris, 5 U. 436; 17 P. 75. EVIDENCE OF PRIOR RELATIONSHIP. Where defendant is charged with unlawfully cohabiting with two women between two stated dates, evidence of his conduct and relationship to the women prior to the first date is admissible. U. S. v. Mus-er, 4 U. 153; 7 P. 389. U. S. v. Groesbeck, 4 U. 487; 11 P. 542. U. S. v. Smith, 5 U. 273; 15 P. 1. U. S. v. Peay, 5 U. 263; 14 P. 342. If a relationship is formed, which in its inception is unlawful, it is not presumed to cease on the enacting of a law providing for its punishment: otherwise, if the relationship be lawful when formed. U. S. v. Musser, 4 U. 153; 7 P. 389. CONFESSION. The deliberate confessions of defendant that he committed the offense, which confession was proven by two witnesses, is sufficient to sustain a conviction. U. S. v. Schow, 6 U. 381; 24 P. 30. INDICTMENT. An indictment for unlawful cohabitation need not state that the defendant is a male person. U. S. v. Cannon, 4 U. 122; 7 P. 369: affirmed, 116 U. S. 55. U. S. v. Eldredge, 5 U. 161; 13 P. 673. 4210. Adultery. Whoever commits adultery shall be punished by imprisonment in the state prison not exceeding three years; and when the act is committed between a married woman and a man who is unmarried, both parties to such act shall be deemed guilty of adultery; and when such act is committed between a married man and a woman who is unmarried, the man shall be deemed guilty of adultery. ['92, p. 6. A conviction for unlawful cohabitation bars a prosecution for adultery under the act of March 3, 1887, when the latter offense is a part of a continuous cohabitation with the women named in the first indictment, though the time of its commission is laid after the period during which the cohabitation was alleged to have continued. Ex parte Nielson, 131 U. S. 176. See In re Barton, 6 U. 264; 21 P. 998. In re Maughan, 6 U. 167; 21 P. 1088. But see U. S. v. West, 7 U. 437; 27 P. 84. 4211. Incest. If any person related to another person within and not including the fourth degree of consanguinity, computed according to the rules of the civil law, shall marry or cohabit with, or have sexual intercourse with, such other so related person, knowing her or him to be within said degree of relationship, the person so offending shall be deemed guilty of incest, and, on conviction thereof, shall be punished by imprisonment in the state prison not less than three years and not more than fifteen years. ['92, p. 6. 4212. Fornication. If an unmarried man or woman commits fornicacation, each of them shall be punished by imprisonment in the county jail not exceeding six months, or by a fine not exceeding one hundred dollars. ['92, p. 6. 4213. Counts for polygamy and unlawful cohabitation may be joined. Counts for any or all offenses named in sections forty-two hundred and eight and forty-two hundred and nine may be joined in the same information or indictment. ['92, p. 6. 4214. Counts for adultery and for fornication may be joined. Counts for any or all offenses named in sections forty-two hundred and ten and forty-two hundred and twelve may be joined in the same information or indictment. ['92, p. 6. 4215. Acquittal or conviction under U. S. law, a bar. In all cases where there has been a prosecution, acquittal, or conviction under any of the laws of the United States, for any of the crimes defined in this chapter, such prosecution, acquittal, or conviction shall operate as a bar for any prosecution for the same offenses under the provisions of this chapter. ['92, pp. 6, 7. 4216. Jurisdiction in district court. In all prosecutions under this chapter the district court shall have exclusive original jurisdiction. ['92, p. 7. 4217. Rape defined. CHAPTER 25. RAPE, ETC. Rape is an act of sexual intercourse accomplished with a female, not the wife of the perpretrator, under either of the following circumstances: 1. When the female is under the age of thirteen years. Where she is incapable, through lunacy or any other unsoundness of mind, whether temporary or permanent, of giving legal consent. 2. 3. Where she resists but her resistance is overcome by force or violence. 4. Where she is prevented from resisting, by threats of immediate and great bodily harm, accompanied by apparent power of execution, or by any intoxicating, narcotic, or anæsthetic substance administered by or with the privity of the accused. 5. When she is at the time unconscious of the nature of the act, and this is known to the accused. 6. Where she submits under the belief that the person committing the act is her husband, and this belief is induced by any artifice, pretense, or concealment practiced by the accused, with intent to induce such belief. [C. L. § 4499. Cal. Pen. C. 261*. Cal. Sup. '89. 2 261, p. 259. tering narcotics, etc., with intent to commit felony, Assault with intent to commit, ? 4179. Adminis- 24181. 4218. When physical ability of boy must be proved. No conviction for rape can be had against one who was under the age of fourteen years at the time of the act alleged, unless his physical ability to accomplish penetration is proved as an independent fact, and beyond a reasonable doubt. [C. L. § 4500. Cal. Pen. C. ? 262. 4219. Any penetration is sufficient. The essential guilt of rape consists in the outrage to the person and feelings of the female. Any sexual penetration, however slight, is sufficient to complete the crime. [C. L. § 4501. Cal. Pen. C. 263. 4220. Penalty for rape. Rape is punishable by imprisonment in the state prison not less than five years. [C. L. § 4502. Cal. Pen. C. 264. 4221. Carnal knowledge of female under eighteen. Any person who shall carnally and unlawfully know any female over the age of thirteen years and under the age of eighteen years, shall be guilty of a felony. ['96, p. 87. 4222. Abduction of female for purpose of prostitution. Every person who inveigles or entices any female of previous chaste character, into any house of ill-fame, or of assignation, or elsewhere, for the purpose of prostitution, or to have carnal connection with any male; and every person who aids or assists in such abduction for such purposes; is punishable by imprisonment in the state prison not exceeding five years, or by imprisonment in the county jail not exceeding one year, or by a fine not exceeding one thousand dollars, or by both. [C. L. § 4503*. Cal. Pen. C. ? 266*. Jurisdiction of indictment, 4591. Proof necessary, 4858. 4223. Id. Of female under eighteen. Every person who takes away any female under the age of eighteen years from her father, mother, guardian, or other person having the legal charge of her person, with or without their consent, for the purpose of prostitution, is punishable by imprisonment in the state prison not exceeding five years, or by a fine not exceeding one thousand dollars, or by both. [C. L. § 4504*. Cal. Pen. C. ? 267*. CHAPTER 26. ABANDONMENT OF CHILDREN. 4224. Criminal neglect of child. Every parent or guardian of any child who wilfully omits, without lawful excuse, to perform any duty imposed upon him by law to furnish necessary food, clothing, shelter, or attention for such child, is guilty of a misdemeanor. [C. L. § 4505. Cal. Pen. C. ?, 270*. Adoption of deserted child, ¿ 11. 4225. Desertion of child. Every parent of any child under the age of six years, and every person to whom any such child has been confided for nurture or education, who deserts such child in any place whatever, with intent wholly to abandon it, is punishable by imprisonment in the state prison not exceeding five years, or in a county jail not exceeding six months. [C. L. § 4506. Cal. Pen. C. ¿ 271*. CHAPTER 27. ABORTION. 4226. Administering drugs, etc. Using instruments. Every person who provides, supplies, or administers to any pregnant woman, or procures any such woman to take any medicine, drug, or substance, or uses or employs any instrument or other means whatever, with intent thereby to procure the miscarriage of such woman, unless the same is necessary to preserve her life, is punishable by imprisonment in the state prison not less than two nor more than ten years. [C. L. § 4507. Cal. Pen. C. 274*. Conviction cannot be had on testimony of woman alone, 4858. 4227. Woman producing miscarriage on self. Penalty. Every woman who solicits of any person any medicine, drug, or substance whatever, and takes the same, or who submits to any operation, or to the use of any means whatever, with intent thereby to procure a miscarriage, unless the same is necessary to preserve her life, is punishable by imprisonment in the state prison not less than one nor more than five years. Cal. Pen. C. 275. CHAPTER 28. CRIME AGAINST NATURE. 4228. Penalty. Every person who is guilty of the infamous crime against nature, committed with mankind or with any animal, is punishable by imprisonment in the state prison not less than three years nor more than twenty years. [C. L. § 4509*. Cal. Pen. C. 286*. Assault with intent to commit, ? 4179. 4229. Any penetration sufficient. Any sexual penetration, however slight, is sufficient to complete the crime against nature. [C. L. § 4510. Cal. Pen. C. 287. CHAPTER 29. VIOLATING SEPULTURE. 4230. Mutilation or removal of dead bodies. Every person who mutilates, disinters, or removes from the place of sepulture the dead body of a human being without authority of law, is guilty of felony. But the provisions of this section do not apply to any person who removes the dead body of a relative or friend for reinterment, nor to any physician who shall make a post mortem examination with the consent of relatives or friends of the deceased. $4511; '94, p. 53. Cal. Pen. C. 290*. [C. L. 4231. Removal of dead body for dissection, etc. Every person who removes any part of the dead body of a human being from any grave or other place where the same has been buried, or from any place where the same is deposited while awaiting burial, with intent to sell the same or to dissect it without authority of law, or from malice or wantonness, is punishable by imprisonment in the state prison not exceeding five years. [C. L. § 4512. Cal. Pen. C. 291. |