TITLE XVII. Of Miscellaneous Crimes. SEC. 670. Attorneys forbidden to defend criminal prosecutions carried on by their partners, or formerly by them selves. 671. Attorneys may defend themselves. 672. Fraudulently presenting bills or claims to public offi- 673. Endangering life by refusal to labor. 675. Acts not expressly forbidden. 676. Acts committed out of the state. § 670. Attorneys forbidden to defend certain prose cutions.-An attorney, who directly or indirectly ad vises in relation to, or aids or promotes the defense of any action or proceeding in any court, the prosecution of which is carried on, aided or promoted by a person as district attorney or other public prosecutor, with whom such attorney is directly or indirectly connected as a partner; or who, having himself prosecuted or in any manner aided or promoted any action or proceeding in any court, as district attorney or other public prosecu tor, afterwards directly or indirectly advises in relation to, or takes any part in, the defense thereof, as attorney or otherwise; or who takes or receives any valuable consideration from or on behalf of any defendant in any such action, upon any understanding or agreement whatever, express or implied, having relation to the defense thereof, is guilty of a misdemeanor. See §§ 136, 139, 148, 149, supra. § 671. Attorneys may defend themselves.-The last section does not affect §§ 78, 79, 80 and S1 of the Code of Civil Procedure, and does not prohibit an attorney from defending himself in person, as attorney or as counsel, when prosecuted either civilly or criminally. § 672. Fraudulently presenting bills or claims to public officers for payment.-A person who, knowingly, with intent to defraud, presents, for audit, or allowance, or for payment, to any officer or board of officers of the state, or of any county, town, city or village, authorized to audit, or allow or to pay bills, claims or charges, any false or fraudulent claim, bill, account, writing or voucher, or any bill, account or demand, containing false or fraudulent charges, items or claims, is guilty of a felony. See §§ 165, 166 supra, Peo. ex rel. Phelps v. O. & T., 83 N. Y., 486. § 673. Endangering life by refusal to labor.-A person, who willfully and maliciously, either alone or in combination with others, breaks a contract of service or hiring, knowing, or having reasonable cause to believe, that the probable consequence of his so doing will be to endanger human life, or to cause grievous bodily injury, or to expose valuable property to destruction or serious injury, is guilty of a misdemeanor. See §§ 168, 170, 653, supra. § 674. Publishing false messages or proclamations.— A person, who prints, publishes or circulates, as true, any message, order or proclamation purporting to be the message, order or proclamation of the executive of the United States or of this state, or of any other state of the United States now or hereafter admitted, or of any territory of the United States, knowing the same not to be genuine, is punishable, by imprisonment in a state prison not exceeding five years, or by fine not exceeding one thousand dollars, or by both. An indictment for this offense may be found in any county in which the message, address or proclamation is printed, published or circulated but not in more than one county of the state. § 675. Acts not expressly forbidden.-A person, who willfully and wrongfully commits any act, which seriously injures the person or property of another, or which seriously disturbs or endangers the public peace or health, or which openly outrages public decency, for which no other punishment is expressly prescribed by this Code, is guilty of a misdemeanor; but nothing in this Code contained shall be so construed as to prevent any person from demanding an increase of wages, or from assembling and using all lawful means to induce employers to pay such wages to all persons employed by them, as shall be a just and fair compensation for services rendered. Peo. v. Hislop, 77 N. Y., 331; Matter of Jacobs, 98 N. Y., 98; Peo. v. Marx, 99 N. Y., 377; Peó. v. Cipperley, 3 N. E. Rep., 558, § 676. Acts committed out of the state.-A person who commits an act without this state which affects persons or property within this state, or the public health, morals, or decency of this state, and which, if committed within this state, would be a crime, is punishable as if the act were committed within this state. See § 678, post. TITLE XVIII. General Provisions. SEC. 677. When crimes punishable in different ways. 678. Acts punishable under foreign law. 679. Foreigu conviction or acquittal. 680. Contempt, how punishable. 681. Mitigation of punishment in certain cases. 682 Rule for punishment of accessory. 683. Sending letter, when deemed complete. 684. Omission to perform duty. 685. Attempts to commit crimes. 689. Same. 690. Habitual criminals. 691. Person, etc., of habitual criminal. 692. Effect of pardon. 693. Woman concealing birth of issue. 694. Imprisonment on two or more convictions. 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 jails. 703. Id. in county jail or state prison. 704. Id. in state prison. 705. Place to be specified in sentence; removal,】 707. Forfeiture. 708. Consequence of sentence. 709. Convict protected by law. 710. Certain forfeitures abolished. 711. Convict voting. 712. Witnesses' testimony. 713. Sentence of minor. 714. Convict as witness. 715. Husband and wife as witnesses. 716. Creditor of convict. 717. Damage how ascertained. 718. Construction of terms. 719. Application of this Code to prior offenses. 721. Intent to defraud. 722. Civil remedies, preserved. 723. Proceedings to impeach, etc., preserved. 727. When act to take effect. § 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. See § 676, supra. § 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. Code Cr. Proc., § 139. § 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. See § 143, supra. Eagan v. Lynch, 3 Bro. Civ P., 236. § 681. Mitigation of punishment. 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. See § 143, supra. § 682. Punishment of accessory to misdemeanor.— 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. See 31, supra. § 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. See §§ 235, 558, 559, supra. § 684. Omission to perform duty, when not punishable. 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. See § 117, 154, supra. § 685. Conviction for attempt when crime is consummated. 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. See f§ 34, 35, supra. |