jail not exceeding six months, or by a fine not exceeding five hundred dollars, or by both. Punishment for misdemeanor. -1 Gall. 488; 1 Hayw. 176. See Desty's Crim. Law, § 51 a. 20. In every crime or public offense there must exist a union, or joint operation of act and intent, or crimina' negligence. There must be a joint operation of act and intent-29 Cal. 679; 34 id. 183; 52 Ala. 393; 58 id. 390; 9 Ark. 42; 2 B. Mon. 419; 1 Dev. & B. 121; 38 Ga. 507; 76 Ill. 218; 8 Ind. 290; 20 Johns. 427; 2 Mass. 138; 50 Pa. St. 10; 10 Vt. 353. See Desty's Crim. Law, § 5 a. See post, notes under § 22. 21. The intent or intention is manifested by the circumstances connected with the offense, and the sound mind and discretion of the accused. All persons are of sound mind who are neither idiots nor lunatics, nor affected with insanity. Intent inferred from acts-76 Ill. 218; 1 Colo. 436; 58 Ala. 425; 50 Vt. 316. See Desty's Crim. Law, § 6 a. Presumption from acts.-The law presumes that the natural, neces sary, and even probable consequences were intended by the doer of the act, if of sound mind. See Desty's Crim. Law, § 6 a. Responsibility for crime- see Desty's Crim. Law, § 23 a. Test of-id. § 23 a. Idiocy, in what consists-id. § 24 a. Insanity-id. § 25. Burden of proof.-The burden of proof of insanity is on him who pleads it-People v. Bell, 49 Cal. 488. See Desty's Crim. Law, § 29 a. 22. No act committed by a person while in a state of voluntary intoxication is less criminal by reason of his having been in such condition. But, whenever the actual existence of any particular purpose, motive, or intent is a necessary element to constitute any particular species or degree of crime, the jury may take into consideration the fact that the accused was intoxicated at the time, in determining the purpose, motive, or intent with which he committed the act. Voluntary intoxication is no excuse for crime-21 Cal. 545; 27 id 514; 43 id. 352. See Desty's Crim. Law, § 26 a. May be considered by jury, as to degree of the crime, and in miti gation of the offense-see Desty's Crim. Law, § 27 a. Available, in rebuttal of malice-see Desty's Crim. Law, § 27 b; or to disprove criminal intent-id. § 27 c. Involuntary intoxication, may excuse-see Desty's Crim. Law, § 28 a. So of insanity produced by intoxication-id. § 28 b. Burden of proof is on him who pleads it.-49 Cal. 488. See Desty's Crim. Law, § 29 a. 23. Nothing in this Code affects any of the provisions of the following statutes, but such statutes are recognized as continuing in force, notwithstanding the provisions of the Codes, except so far as they have been repealed or affected by subsequent laws: First. All acts incorporating or chartering municipal corporations, and acts amending or supplementing such acts. Second. All acts consolidating cities and counties, and acts amending or supplementing such acts. Third. All acts for funding the State debt, or any part thereof, and for issuing State bonds, and acts amending or supplementing such acts. Fourth. All acts regulating and in relation to rhodeos. Fifth. All acts in relation to judges of the plains. Sixth. All acts creating or regulating boards of water commissioners and overseers in the several townships or counties of the State. Seventh. All acts in relation to a branch State prison. Eighth. An act for the more effectual prevention of cruelty to animals, approved March thirtieth, eighteen hundred and sixty-eight. Ninth. An act for the suppression of Chinese houses of ill-fame, approved March thirty-first, eighteen hundred and sixty-six. Tenth. An act relating to the Home of the Inebriate of San Francisco, and to prescribe the powers and duties of the board of managers and the officers thereof, approved April first, eighteen hundred and seventy. Eleventh. An act concerning marks and brands in the county of Siskiyou, approved March twentieth, eighteen hundred and sixty-six. Twelfth. An act to prevent the destruction of fish in the waters of Bolinas Bay, in Marin County, approved March thirty-first, eighteen hundred and sixty-six. Thirteenth. An act concerning trout in Siskiyou Coun ty, approved April second, eighteen hundred and sixty-six, Fourteenth. An act to prevent the destruction of fish in Napa River and Sonoma Creek, approved January twenty-ninth, eighteen hundred and sixty-eight. Fifteenth. An act to prevent the destruction of fish and game in, upon, and around, the waters of Lake Merritt or Peralta, in the county of Alameda, approved March eighteenth, eighteen hundred and seventy. Sixteenth. An act to regulate salmon fisheries in Eel River, in Humboldt County, approved April eighteenth, eighteen hundred and fifty-nine. Seventeenth. An act for the better protection of stockraisers in the counties of Fresno, Tulare, Monterey, and Mariposa, approved March twentieth, eighteen hundred and sixty-six. Eighteenth. An act concerning oysters, approved April twenty-eighth, eighteen hundred and fifty-one. Nineteenth. An act concerning oyster-beds, approved April second, eighteen hundred and sixty-six. Twentieth. An act concerning gas companies, approved April fourth, eighteen hundred and seventy. 24. This act, whenever cited, enumerated, referred to, or amended, may be designated simply as THE PENAL CODE, adding, when necessary, the number of the section. |