four years, the person guilty of such attempt is pun- 3. If the offense so attempted be punishable by a 4. If the offense so attempted be punishable by imprisonment and by a fine, the offender convicted of such attempt may be punished by both imprisonment and fine, not exceeding one-half the longest term of imprisonment, and one-half the largest fine which may be imposed upon a conviction for the offense so attempted. 2 Rev. Stat., 698, § 3. Omitted provisions. In the corresponding provision in the Revised Statutes the first subdivision is: "If the offense so attempted to be committed was such as is punishable by the death of the offender, the person convicted of such attempt shall be punished by imprisonment in a state prison not exceeding ten years." As arson is not punishable, according to the provisions of this Code, by death, there only remain attempts to commit murder and treason, to which this provision can possibly apply. Attempts to murder are the subject of specific provisions. See sections 277, 278, 279. If there can be recognized an attempt to commit treason, which might be the subject of punishment under the above provision, such act will generally be found embraced under provisions of the Code relative to conspiracy, riot, &c. It has therefore not been thought important to retain the provision. upon the sections. S747. The last two sections do not protect a per- Restriction son who, in attempting unsuccessfully to commit a preceding 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. $748. Every person who, having been convicted of any offense punishable by imprisonment in a state prison, commits any crime after such conviction, is punishable therefor as follows: Attempts to conceal death of child, how punished after conviction of former at tempt. Second of how 1. If the offense of which such person is subsequently convicted is such that, upon a first conviction an offender would be punishable by imprisonment in a state prison for any term exceeding five years, such person is punishable by imprisonment in a state prison for a term not less than ten years; 2. If such subsequent offense is such that, upon a first conviction, the offender would be punishable by imprisonment in a state prison for five years, or any less term, then the person convicted of such subsequent offense is punishable by imprisonment in a state prison for a term not exceeding ten years; 3. If such subsequent conviction is for petit larceny, or for any attempt to commit an offense which, if committed, would be punishable by imprisonment in a state prison, then the person convicted of such subsequent offense is punishable by imprisonment in a state prison for a term not exceeding five years. Founded upon 2 Rev. Stat., 699, § 8, the provision being extended to embrace cases of offenders who, upon a first conviction of a crime punishable in the discretion of the court by imprisonment in a state prison or otherwise, received sentence for the alternative punishment; instead of being confined to those who have been actually discharged from imprisonment upon the first conviction. $749. Every 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 of issue of her body, is punishable by imprisonment in a state prison not exceeding five years, and not less than two. Laws of 1845, ch. 260, § 4, modified as stated in note to preceding section. $750. Every person who, having been convicted fenses of petit larceny, or of an attempt to commit an punished, after con viction of offense which, if perpetrated, would be punishable by imprisonment in a state prison, commits any petit larcrime after such conviction, is punishable as follows: a 1. If such subsequent offense is such that upon first conviction the offender would be punishable by imprisonment in a state prison for life, at the discretion of the court, such person is punishable by imprisonment in such prison during life; 2. If such subsequent offense is such that upon a first conviction the offender would be punishable by imprisonment in a state prison for any term less than for life, such person is punishable by imprisonment in such prison for the longest term prescribed, upon a conviction for such first offense. 3. If such subsequent conviction is for petit larceny or for any attempt to commit an offense which, if perpetrated, would be punishable by imprisonment in a state prison, then such person is punishable by imprisonment in such prison for a term not exceeding five years. 2 Rev. Stat., 699, § 9, modified as stated in note to ceny, or of attempt to commit a state prison offense. conviction offense. $ 751. Every person who has been convicted in any Foreign other state, government or country of an offense for former which, if committed within this state, would be punishable by the laws of this state by imprisonment in a state prison, is punishable for any subsequent crime committed within this state, in the manner prescribed in the last three sections, and to the same extent as if such first conviction had taken place in a court of this state. 2 Rev. Stat., 700 § 10. Second commence. S752. When any person is convicted of two or more crimes before sentence has been pronounced prionment, upon him for either, the imprisonment to which he is sentenced upon the second or other subsequent conviction, must commence at the termination of the first term of imprisonment to which he shall be Imprisonment for life. Sentence to state pri be limited. adjudged, or at the termination of the second or other subsequent term of imprisonment, as the case may be. 2 Rev. Stat., 700, § 11. $753. Whenever any person is declared punishable for a crime by imprisonment in a state prison for a term not less than any specified number of years, and no limit to the duration of such imprisonment is declared, the court authorized to pronounce judgment upon such conviction may, in its discretion, sentence such offender to imprisonment during his natural life, or for any number of years, not less than such as are prescribed. But no person can in any case be sentenced to imprisonment in a state prison for any term less than one year. 2 Rev. Stat., 700, § 12, as amended by Laws of 1862, ch. 417. Section 12 is evidently the one intended to be amended by the act of 1862, though by a clerical error the reference made is to section 13. S754. In cases where convicts sentenced to be son, how to imprisoned in a state prison for a longer period than one year, it is the duty of the court before which the conviction is had to limit the time of the sentence 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. Juvenile offenders may be sent tiary. Laws of 1836, ch. 171, § 6; "one year" being substituted for "two years," to correspond with the change introduced by Laws of 1862, ch. 417. $755. Whenever any person under the age of to peniten twenty-one and above the age of sixteen years is convicted of an offense punishable by imprisonment in a state prison, in either of the judicial districts of this state within which is a penitentiary, the court before whom such conviction is had may, in its discretion, sentence the person so convicted to imprisonment in the penitentiary situated in that judicial district. See Laws of 1856, ch. 158, § 1. be added to ment. $756. Upon a conviction for any crime punishable Fine may by imprisonment in any jail or prison, in relation to imprisonwhich no fine is herein prescribed, the court may impose a fine on the offender not exceeding two hundred dollars, in addition to the imprisonment prescribed. 2 Rev. Stat., 700, § 13. Civil rights of convict $757. A sentence of imprisonment in a state prison for any term less than for life, suspends all the civil suspended. rights of the person so sentenced, and forfeits all public offices, and all private trusts, authority or power during the term of such imprisonment. 2 Rev. Stat., 700, § 19. S758. A person sentenced to imprisonment in a state prison for life, is thereafter deemed civilly dead. 2 Rev. Stat., 700, § 20. Civil death. convict S759. The person of a convict sentenced to im- Person of prisonment in a state prison is under the protection protected. of the law, and any injury to his person, not authorized by law, is punishable in the same manner as if he was not convicted or sentenced. 2 Rev. Stat., 700, § 21. ures. $760. No conviction of any person for crime works Forfeitany forfeiture of any property, except in the cases of an outlawry for treason, as provided by Title III of Part VI of the Code of Criminal Procedure, and other cases in which a forfeiture is expressly imposed by law; and all forfeitures to the people of this state in the nature of a doedand, or where any person shall flee from justice, are abolished. See 2 Rev. Stat., 700, § 22. That no forfeiture is imposed for suicide, see section 228. S761. The various sections of this Code which declare that evidence obtained upon the examination of a person as a witness shall not be received against witness' testimony may be read against him on prosecu |