N. Y. 181; 3 N. Y. Cr. 187; 21 W. Dig. 137. This is a question for the jury to determine. Id. Court The only materiality of the evidence of the defendant's intoxication is its bearing upon the questions of deliberation, premeditation and intent. of Appeals, January 13, 1891, People v. Fish, 125 N. Y. 146; 8 N. Y. Cr. 136; 34 St. Rep. 843. If he was sober enough to form an intent and to deliberate and premeditate a crime, then his responsibility is the same as if he had been perfectly sober. Id. His condition in this respect must be taken into account in weighing the evidence as to meditation and deliberation. Id.; Court of Appeals, October, 1881, Flanigan v. People, 86 N. Y. 554. § 1221. Intoxication in a public place.-Any person intoxicated in a public place is guilty of a misdemeanor, and may be arrested without warrant while so intoxicated, and shall be punished by a fine of not less than three nor more than ten dollars, or by imprisonment not exceeding six months or by both such fine and imprisonment. § 1650. Unlawful removal of poor person.-Any person who shall send, remove or entice to remove, or bring, or cause to be sent, removed or brought, any poor or indigent person, from any city, town or county, to any other city, town or county without legal authority, and there leave such person for the purpose of avoiding the charge of such poor or indigent person upon the city, town or county, from which he is so sent, removed or brought or enticed to remove, shall be guilty of a misdemeanor, and on conviction, shall be imprisoned not exceeding six months, or fined not exceeding one hundred dollars, or both. § 1843. Neglect of duty by superintendent or overseer of the poor. The county superintendents of the poor, or any overseer of the poor, whose duty it shall be to provide for the support of any bastard and the sustenance of its mother, who shall neglect to perform such duty, shall be guilty of a misdemeanor, and shall, on conviction, be liable to a fine of two hundred and fifty dollars, or to imprisonment not exceeding one year, or by both such fine and imprisonment. § 2184. Sentence to house of refuge, state industrial school, and New York state training school for girls. Where a male person under the age of twelve years is convicted of a crime amounting to felony, or where a male person of twelve years and under the age of sixteen years is convicted of a crime, the trial court may, instead of sentencing him to imprisonment in a state prison or in a penitentiary, direct him to be confined in a house of refuge under the provisions of the statute relating thereto. Where the conviction is had and the sentence is inflicted in the first, second, third or ninth judicial district, the place of confinement must be a house of refuge established by the managers of the society for the reformation of juvenile delinquents in the city of New York; where the conviction is had and the sentence inflicted in any other district, the place of confinement must be in the state industrial school. Where a female person not over the age of twelve years is convicted of a crime amounting to felony, or where a female person of the age of twelve years and not over the age of sixteen years is convicted of a crime, the trial court may, instead of sentencing her to imprisonment in a state prison or in a penitentiary, direct her to be confined in the New York state training school for girls, under the provisions of the statute relating thereto. But nothing in this section shall affect any of the provisions contained in section twenty-one hundred and ninetyfour. § 2186. Sentence of minors to imprisonment.- Where a male 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 one year or less, the court may direct the convict to be imprisoned in a county penitentiary, instead of a state prison, or in the county jail located in the county where sentence is imposed. A child of more than seven and less than sixteen years of age, who shall commit any act or omission which, if committed by an adult, would be a crime not punishable by death or life imprisonment, shall not be deemed guilty of any crime, but of juvenile delinquency only, but any other person concerned therein, whether as principal or accessory, who otherwise would be punishable as a principal or accessory shall be punishable as a principal or accessory in the same manner as if such child were over sixteen years of age at the time the crime was committed. Any child charged with any act or omission which may render him guilty of juvenile delinquency shall be dealt with in the same manner as now is or may hereafter be provided in the case of adults charged with the same act or omission except as specially provided heretofore in the case of children under the age of sixteen years. (As amended by chapter 478 of the Laws of 1909.) § 2187. Sentence of female convicts to imprisonment.-Any woman over the age of sixteen years, who shall be convicted of a felony in any of the courts of this state, shall, when the sentence imposed is one year or more, be sentenced to imprisonment in the state prison for women at Auburn. When the sentence imposed is less than one year, she may be committed to the county jail of the county where convicted, or to a penitentiary, or to the state prison for women at Auburn. A woman between the ages of fifteen and thirty, convicted of a felony, who has not theretofore been convicted of a crime punishable by imprisonment in a state prison, may in the discretion of the trial court be sentenced to a house of refuge or reformatory for women, to be there confined under the provisions of law relating to such house of refuge or reformatory. § 2188. Duty of court to sentence; suspending sentence. The several sections of this chapter which declare certain crimes to be punishable as therein mentioned devolve a duty upon the court authorized to pass sentence to determine and impose the punishment prescribed, but such court may in its discretion suspend sentence, during the good behavior of the person convicted, where the maximum term of imprisonment prescribed by law does not exceed ten years and such person has never been convicted of a felony. Courts of special sessions are empowered to suspend sentence and at any time within the longest period for which a defend ant might have been sentenced, may issue process for the rearrest of the defendant, and when arraigned the court as it is then constituted may proceed to enter judgment and impose sentence. § 2194. Sentence of minor under sixteen years of age. When a person under the age of sixteen is convicted of a crime, he may, in the discretion of the court, instead of being sentenced to fine or imprisonment, be placed in charge of any suitable person or institution willing to receive him, and be thereafter, until majority for a shorter term, subjected to such discipline and control of the person or institution receiving him as a parent or guardian may lawfully exercise over a minor. A child under sixteen years of age committed for misdemeanor, under any provision of this chapter, must be committed to some reformatory, charitable or other institution authorized by law to receive and take charge of minors. And when any such child is committed to an institution it shall, when practicable, be committed to an institution governed by persons of the same religious faith as the parents of such child. TRAMPS Section 2370. Punishment of tramps. 2371. Punishment of tramps for certain offenses. § 2370. Punishment of tramps.- Every tramp, upon conviction as such shall be punished by imprisonment at hard labor in the nearest penitentiary for not more than six months, and the expense during such imprisonment shall be paid by the state at the rate of thirty cents per day per capita. Any act of vagrancy by any person not a resident of the state shall be evidence that the person committing the same is a tramp within the meaning of this article. § 2371. Punishment of tramps guilty of certain offenses.Any tramp who shall enter any building against the will of the owner or occupant thereof, under such circumstances as shall not amount to burglary, or willfully or maliciously injure the person or property of another, which injury under existing law does not amount to a felony, or shall be found carrying any firearms or other dangerous weapon, or burglar's tools, or shall threaten to do any injury to any person or to the real or personal property of another, when such offense is not now punishable by imprisonment in the state prison, shall be deemed guilty of felony, and on conviction, shall be punished by imprisonment in the state prison at hard labor for not more than three years. Any person being a resident of the town where the offense is committed may, upon view of any offense described in this section, apprehend the offender and take him before a justice of the peace or other competent authority. § 2372. Commutations of sentences of tramps.-Any person convicted under this article shall be entitled to the same commutations of sentence as are now provided by law for any prisoners committed to the state prison or penitentiary. PROCEEDINGS RESPECTING VAGRANTS Title VI of Part VI of the Code of Criminal Procedure Section 887. Who are vagrants. 887a.Tramp defined. 888. Proceedings before magistrate. 889. Examination as to residence. 890. Peace officers, when required by any person, to . carry vagrant before a magistrate for examination. 891. Vagrant, when to be convicted; form of certificate of conviction. 892. Certificate to constitute record of conviction, and to be filed; commitment of vagrants. 893. Children begging, how disposed of. 894. Arrest of vagrants. 895. Private citizen may do so, without warrant. 896. Peace officer may require aid; duty of persons re quired to aid him. 897. Neglect or refusal to aid peace officer, without lawful cause, a misdemeanor. Punishment. 898. Magistrate may depute an elector of the county to make arrest of person disguised. If his name be not known, fictitious name may be used. |