Isaacs v. State, 48 Miss. 234. See State v. Norton, 3 Zabr. 33. Merged in felony. Com. v. Blackburn, 1 Duvall, 4; State v. Mayberry, 48 Me. 218. But not in misdemeanor. People v. Mather, supra; People v. Richards, 1 Mann (Mich.), 216; State v. Murray, 3 Shep. 100. But see Lambert v. People, 9 Cow. 577; Com. v. Kingsbury, 5 Mass. 106; Com. v. O'Brien, 12 Cush. 84; State v. Murphy, Ala. 765; State v. Noyes, 25 Vt. 415; Taylor's case, 1 C. H. Rec. 192; Duprey's case, 4 id. 121; Robbins' case, id. 1; People v. Bradford, 1 Wh. C. C. 219; People v. Mosher, id. 240; People v. Trequin, id. 142; Roget's case, 2 C. H. Rec. 61; Lewin's case, 5 id. 129; McDermut's case, 4 id. 12; People v. Olcott, 2 Johns. Cas. 301. What is a conspiracy? State v. Mayberry, 48 Me. 218; Spies v. People, 122 Ill. 1; State v. Barnum, 15 N. H. 396; Com. v. Hunt, 4 Metc. 111; State v. Burnham, 15 N. H. 396; State v. Bartlett, 30 Me. 132; State v. Hewetts, 31 id. 396; Com. v. Ridgeway, 2 Ashm. 247. New party. People v. Mather, supra. Cornering mar. ket. M. R. C. Co. v. B. C. Co., 68 Penn. St. 173; People v. Melvin, 2 Wh. C. C. 262; People, ex rel. Lawrence, v. Brady, 56 N. Y. 183; People v. Fisher, 14 Wend. 9; Stanton v. Allen, 5 Den. 435, 443; Hooker v. Vandewater, 4 id. 349; Mott v. Small, 20 Wend. 212, 221. Assent. Lamb v. People (Ill.), 22 Alb. L. J. 418; Hope v. People, 9 W. Dig. 232.

Subd 3. People v. Chase et al., 16 Barb. 495; People v. Flack, 125 N. Y. 327; 34 N. Y. State Rep'r, 723.

Subd. 4. March et al. v. People, 7 Barb. 391; People v. Olson, 39 N. Y. State Rep'r, 295.

Subd. 5. People v. Melvin, 2 Wh. C. C. 262; People v. Fisher, 14 Wend. 9; Emmanuel's case, 6 C. H. Rec. 33; Van Mater v. Babcock, 23 Barb. 633; Phillips v. R., W. & O. R. Co., 30 N. Y. State Rep'r, 46.

Subd. 6. People v. North R. S. R. Co., 27 N. Y. State Rep'r, 289; 54 Hun, 380. Combinations. Leonard v. Poole, 114 N. Y. 377; People v. Fisher, 14 Wend. 9;1 Hooker v. Vandewater, 4 Den. 319; Stanton v. Allen, 5 id. 434; Arnot v. P. & E. C. Co., 68 N. Y. 558; Morris R. C. Co. v. B. C. Co., 68 Penn. St. 173; People v. North R. S. R. Co., 121 N. Y. 582, aff'g 54 Hun, 354; Hitchcock's case, 6 C. H. Rec. 43; Leggett v. Postley, 2 Paige, 599; People v. Snaith, 57 Hun, 334; 32 N. Y. State Rep'r, 569; Van Mater v. Babcock, 23 Barb. 633; People v. Everest, 51 Hun, 25; State v. Setter, 54 Conn. 461; People v. Richards, 1 Mich. 216; People v. Lyon, 99 N. Y. 219; 1 N. Y. Cr. 400; Buff. L. O. Co. v. Everest, 30 Hun, 588.

Strike. People, ex rel. Gill, v. Smith, 5 N. Y. Cr. 509; People, ex rel. Hill, v. Walsh, 15 N. Y. State Rep'r, 17; 6 N. Y. Cr. 292.

Boycott. People v. Kostka, 4 N. Y. Cr. 429; People v. Wilzig, id. 403; People v. Lenhardt, id. 317; Old Dom. Co. v. McKenna, 18 Abb. N. C. 262; Thomas v. Mut. Pro. Union, 121 N. Y. 50; State v. Gideon, 55 Conn. 46; 6 N. Y. Cr. 321; Crump v. Com., 84 Va. 927; 6 N. Y. Cr. 342; State v. Stewart, 59 Vt. 273; Carew v. Rutherford, 106 Mass. 1; Walter v. Cronin, 107 id. 555; State v. Donaldson, 32 N. J. Law, 151; Johnson v. Meinhardt, 61 How. 168; Casey v. Cincinnati, etc., Union, 45 Fed. Rep'r, 135; Calgan v. Wilson, 127 U. S. 540.

Indictment. Elkin v. People, 28 N. Y. 177; 24 How. 272; People v. Everest, 51 Hun, 19; 20 N. Y. State Rep'r, 461; People v. Mather, 4 Wend. 229; People v. Eckford, 7 Cow. 735; Lambert v. People, 9 id. 578; People v. Barrett, 1 Johns. 66; March v. People, 7 Barb. 391; People v. Chase, 16 id. 495; Schultz's case, 5 C. H. Rec. 112; Duprey's case, 4 id. 121.

Evidence. People v. Sharp, 45 Hun, 460; 5 N. Y. Cr. 389, 469; People v. Murphy, 3 id. 339; People v. Bassford, id. 219: Loos v. Wilkinson, 10 N. Y. State Rep'r, 297; Adams v. People, 9 Hun, 89; Kelley v. People, 55 N. Y. 565; People v. Powell, 63 id. 88; People v. Pavlik, 7 N. Y. Cr. 30; People v. Squire, 6 id. 475; Ormsby v. People, 53 N. Y. 472; People v. Kief, 37 N. Y. State Rep'r, 478, aff'g 58 Hun, 337; 34 N. Y. State Rep'r, 527. See note in 24 Abb. N. C. 260.

169. Conspiracies against peace, etc.-If two or more persons, being out of this state, conspire to commit any act against the peace of this state, the commission or attempted commission of which, within this state, would be treason against the state, they are punishable by imprisonment in a state prison not exceeding ten years.

170. No other conspiracies punishable.-No conspiracy is punishable criminally unless it is one of those enumerated in the last two sections, and the orderly and peaceable assembling or co-operation of persons employed in any calling, trade, or handicraft, for the purpose of obtaining an advance in the rate of wages or compensation, or of maintaining such rate, is not a conspiracy.

Master Stevedores' Association v. Walsh, 2 Daly, 1. See § 168, supra, § 673, post; People, ex rel. Gill, v. Smith, 5 N. Y. Cr. 509; Same v. Walsh, 6 id. 292; 15 N. Y. State Rep'r, 17; Zeigler v. Nolan, 2 City Ct. Rep'r, 54; People v. Barondess, 41 N. Y. State Rep'r, 662. See note in 24 Abb. N. Č. 260.

§ 171. Overt act, when necessary.-- No agreement except to commit a felony upon the person of another, or to commit arson or burglary, amounts to a conspiracy, unless some act besides such agreement be done to effect the object thereof, by one or more of the parties to such agreement.

People v. Mather (Morgan's abduction), 4 Wend. 229. See Code Cr. Proc., $398. See § 720, post.

People v. Squire, 20 Abb. N. C. 375; People v. Chase, 16 Barb. 495; People v. Flack, 125 N. Y. 333; 34 N. Y. State Rep'r, 727; People v. Everest, 51 Hun, 29; 20 N. Y. State Rep'r, 465; Wood v. State, 47 N. J. L. 180.

171"A." Coercion by employers. Any person or persons, employer or employers of labor, and any person or persons of any corporation or corporations on behalf of such corporation or corporations, who shall hereafter coerce or compel any person or persons, employe or employes, laborer or mechanic, to enter into an agree ment, either written or verbal from such person, persons, employe, laborer or mechanic, not to join or become a member of any labor organization, as a condition of such person or persons securin, employment, or continuing in the employment of any such person or persons, employer or employers, corporation or corporations, shall be deemed guilty of a misdemeanor. The penalty for such misdemeanor shall be imprisonment in a penal institution for not more than six months, or by a fine of not more than two hundred dollars, or by both such fine and imprisonment. [ADDED, CH. 688. PASSED JUNE 24, 1887.]

Master Stevedores' Ass'n v. Welsh, 2 Daly, 1.

§ 172. Suicide defined.— Suicide is the intentional taking of one's own life.

Darrow v. Family F. Soc., 42 Hun, 245; 3 N. Y. State Rep'r, 745.

§ 173. No forfeiture imposed for suicide. Although suicide is deemed a grave public wrong, yet from the impossibility of reaching the successful perpetrator, no forfeiture is imposed.

See § 710, post; Darrow v. Family F. Soc., 116 N. Y. 542; 27 N. Y. State Rep'r, 476; Freeman v. Nat. Ben. Soc., 5 id. 82; Com. v. Mink, 123 Mass. 422.

§ 174. Attempting suicide.—- A person who, with intent to take his own life, commits upon himself any act dangerous to human life, or which, if committed upon or towards another person and followed by death as a consequence, would render the perpetrator chargeable with homicide, is guilty of attempting suicide.

Drunkenness will not excuse. § 22, supra; Rex v. Doody, 6 Cox Cr. C. 463; Darrow v. Family F. Soc., 116 N. Y. 542; 27 N. Y. State Rep'r, 476.

175. Aiding suicide.-- A person who willfully, in any manner, advises, encourages, abets, or assists another person in taking the latter's life, is guilty of manslaughter in the first degree.

Advising suicide. Com. v. Bowen, 13 Mass. 356; 2 Wh. C. C. 226; Blackburn v. State, 23 Ohio (N. S.), 146; Com. v. Mink, 123 Mass. 422; Regina v. Jessup, 10 Cr. L. M. 862.

§ 176. Abetting an attempt at suicide.-- A person who willfully, in any manner, encourages, advises, assists or abets another person in attempting to take the latter's life, is guilty of a felony.

Com. v. Bowen, 13 Mass. 356; Blackburn v. State, 23 Ohio St. 146.

$177. Incapacity of person aided, no defense. It is not a defense to a prosecution under either of the last two sections, that the person who took, or attempted to take, his own life, was not a person deemed capable of committing crime.

§ 178. Punishment of attempting suicide. Every person guilty of attempting suicide is guilty of felony, punishable by imprisonment in a state prison not exceeding two years, or by a fine not exceeding one thousand dollars, or both.

Darrow v. Family F. Soc., 116 N. Y. 542; 27 N. Y. State Rep'r, 476, aff'g 42 Hun, 245; 3 N. Y. State Rep'r, 745; Blackburn v. State, 23 Ohio St. 146; Matter of Card, 28 N. Y. State Rep'r, 529; 40 Alb. L. J. 22.

SEC. 179. Homicide defined.

CHAPTER II.

HOMICIDE.

180. Different kinds of homicide.

181. What proof of death is required.

82. Common law petit treason is homicide.

183. Murder in first degree defined.

184. Id.; second degree.

185. Duel fought out of this state.

186. Punishment of murder in first degree, how punished.

187. Murder in second degree, how punished.

188. Manslaughter defined.

189. Id.; in the first degree.

190. Killing unborn quick child.

191. Id.; by administering drugs, etc.

192. Manslaughter in first degree, how punished.

193. Manslaughter in second degree.

194. Women taking drugs, etc.

SEC. 195. By negligent use of machinery.

196. Owner of animals.

197. Killing by overloading passenger vessel.

198. Liability of persons in charge of steamboats.

199. Liability of persons in charge of steam engines.

200. Liability of physicians.

201. Liability of persons making or keeping gunpowder contrary to law. 202. Punishment of manslaughter in second degree.

203. Homicide, when excusable

204. Justifiable homicide.

205. Same.

§ 179. Homicide defined.— Homicide is the killing of one human being by the act, procurement or omission of another.

Homicide is presumed malicious. People v. McLeod, 1 Hill, 377. Homicide, act of several in common design. Ruloff v. People, 45 N. Y. 213; Stipp v. State, 11 Ind. 62; People v. Woody, 45 Cal. 289; State v. Anthony, 1 McCord, 285; People v. Pool, 27 Cal. 572; United States v. Ross, 1 Gallis, 624; People v. Vasquez, 49 Cal. 560; People v. Geiger, id. 643; State v. Nash, 7 Ia. 347; Clien v. State, 33 Ind. 418; People v. Knapp, 26 Mich. 106. Homicide; may be committed by infant between seven and fourteen. Godfrey v. State, 31 Ala. 323. Death from unskillful treatment of injuries. Parsons v. State, 21 Ala. 300; State v. Scott, 12 La. Ann. 274; State v. Baker, 1 Jones, 267; Com. v. McPike, 3 Cush. 181; McAllister v. State, 17 Ala. 434; Com. v. Cortley, 118 Mass. 1; State v. Murphy, 33 Ia. 270; Com. v. Hackett, 2 Allen, 136; Coffman v. Com., 10 Bush (Ky.), 495; State v. Morca, 2 id. 275; Buel v. People, 78 N. Y. 498: Fitzgerald v. People, 37 id. 413; People v. Conroy, 97 N. Y. 62; 2 N. Y. Cr. 665; People v. McCarthy, 110 N. Y. 309; 47 Hun, 491; People v. Hill, 19 N. Y. State Rep'r, 672; Stokes v. People, 53 N. Y. 164; People v. Willett, 36 Hun, 500; People v. McCann, 16 N. Y. 58; Brotherton v. People, 75 id. 159; O'Connell v. People, 87 id. 377.

§ 180. Different kinds of homicide. — Homicide is either

1. Murder;

2. Manslaughter;

3. Excusable homicide; or,

4. Justifiable homicide.

Prosecution must establish grade of offense. No legal implication of murder from fact of killing. Stokes v. People, 53 N. Y. 164. Justification. People v. Carnel, 2 Edm. S. C. 290; Sawyer v. People, 1 N. Y. Cr. 249.

See People v. Hill, 19 N. Y. State Rep'r, 672; People v. Giblin, 114 N. Y. 196; 7 N. Y. Cr. 130; People v. Beckwith, 103 N. Y. 361.

181. What proof of death is required. —No person can be convicted of murder or manslaughter, unless the death of the person alleged to have been killed and the fact of killing by the defendant as alleged are each established, as independent facts; the former by direct proof and the latter beyond a reasonable doubt.

Corpus delicti to be shown in felony. Ruloff v. People, 18 N. Y. 179; People v. Wilson, 3 Park. 199; People v. Bennett, 49 N. Y. 137; Davis's case, 3 C. H. Rec. 45; People v. Beckwith, 108 N. Y. 68; People v. Palmer, 109 id. 110, rev'g 46 Hun, 479: People v. Deacons, 109 N. Y. 374; 16 N. E. Rep'r, 676, note; People v Schryver, 42 N. Y. 1; People v. Badgley, 16 Wend. 53; People v. Hennessey, 15 id. 147; State v. German, 54 Mo. 526; Matthews v. State, 55 Ala. 187; Lee v. State, 76 Ga. 498; People v. Minisci, 12 N. Y. State Rep'r, 720; State v. Moran, 14 Pac. Rep'r, 419; People v. McGonegal, 42 N. Y. State Rep'r, 311. Lucid interval of lunatic must be proved by people. People v. Montgomery, 13 Abb. (N. S.) 207.

-The rules of

§ 182. Common-law petit treason is homicide. the common law, distinguishing the killing of a master by his servant, and of a husband by his wife, as petit treason, are abolished; and those homicides are punishable, when not justifiable or excusable, as prescribed by this Code.

§ 183. Murder in first degree defined. The killing of a human being, unless it is excusable or justifiable, is murder in the first degree, when committed either

From a deliberate and premeditated design to effect the death of the person killed, or of another; or

By an act imminently dangerous to others, and evincing a depraved mind, regardless of human life, although without a premeditated design to effect the death of any individual; or without a design to effect death, by a person engaged in the commission of, or in an attempt to commit a felony, either upon or affecting the person killed or otherwise; or

When perpetrated in committing the crime of arson in the first degree.

Anger in intoxication no defense. §§ 17-23, supra. People v. Johnson, 1 Park. 291; People v. Austin, id. 154, 167; People v. Vinegar, 2 id. 24; People v. Sullivan, 7 N. Y. 396; People v. Hendrickson, 9 How. Pr. 155; S. C., 8 id. 404; People v. Van Steenburg, 1 Park. 39; People v. Austin, id. 154; Lake v. People, id. 495; People v. Thayers, id. 595; Colt v. People, id. 611; People v. Robinson, id. 649; S. C., 2 id. 235; Eastwood v. People, 3 id. 25; People v. Williams, id. 84; People v. Wilson, id. 199; People v. McCann, id. 272; People v. Cummings, id. 343, 401; Rogers v. People, id. 632; People v. Stout, id. 670; People v. Wood, id. 681; People v. Cunningham, 6 id. 398, 609; Walter v. People, 32 N. Y. 147, 159; People v. Enoch, 13 Wend. 159, 173; Fraser v. Freeman, 43 N. Y. 566, 570; Fitzgerrold v. People, 37 id 413, 416; People v. McCann, 16 id. 58; People v. Clark, 7id. 385; People v. White, 24 Wend. 520, 534; S. C., 22 id. 167; People v. Rector, 19 Wend. 569, 592; Rodgers v. People, 15 How. Pr. 557; People v. Baker, 10 id. 567. Subd. 1. Intent, how established. People v. Rogers, 13 Abb. Pr. (N. S.) 370; Foster v. People, 50 N. Y. 598; People v. Waltz, 50 How. Pr. 294. What is deliberation. Dolan v. People, 6 Hun, 493; S. C., 64 N. Y. 485; People v. Batting, 49 How. Pr. 392; Leighton v. People, 88 N. Y. 117; People v. Majone, 91 id. 211; People v. Carnel, 2 Edm. S. C. 200; People v. Mulvey, id. 246; People v. Clark, id. 273. Insufficient evidence of intent. People v. Mangano, 29 Hun, 259. Deadly weapon. Thomas v. People, 67 N. Y. 218. Wife taken in adultery. Shufflin v. People, 4 Hun, 16; S. C., 62 N. Y. 229; McKenna v. People, 81 id. 360. Evidence of intent. People v. Jefferson, 2 N. Y. Cr. 240. Îndictment need not specify intent. People v. Conroy, 2 N. Y. Cr. 565; 97 N. Y. 62.

See People v. Beckwith, 108 N. Y. 67; 103 id. 368; People v. Druse, 5 N. Y. Cr. 11; People v. Brunt, 11 N. Y. State Rep'r, 60; 108 N. Y. 656; People v. Walworth, 4 N. Y. Cr. 355; People v. Clark, 7 N. Y. 385; People v. Deacons, 108 id. 378; People v. Cornette, 92 id. 85; People v. Kiernan, 101 id. 618; 4 N. Y. Cr. 88; People v. Trezza, 36 N Y. State Rep'r, 149; People v. Lewis, 7N Y. Cr. 140.

Subd. 2. Acts regardless of life. Darry v. People, 10 N. Y. 120; Lee v. State, 1 Cold. (Tenn.) 62; Commonwealth v. York, 9 Metc. 93; State v. Smith, 2 Strobh. 77; State v. Sisson, 3 Brev. 58; Golliner v. Commonwealth, 2 Duvall (Ky.), 163; Sparks v. Commonwealth, 3 Bush (Ky.), 111.

Subd. 3. Engaged in felony, intent not necessary to constitute murder. Buel v. People, 18 Hun, 487; S. C., 78 N. Y. 492; Cox v. People, 19 Hun, 430; S. C., 80 N. Y. 100; People v. Carmichael, 5 Mich. 10; People v. Adwards, id. 22; Commonwealth v. Keeper, 2 Ashm. 227; Dill v. State, 25 Ala. 15; People v. Hand, 4 A. L. J. 91; Ruloff v. People, 45 N. Y. 213; S. C., 5 Lans. 261; People v. Cole, 2 N. Y. Cr. 108; People v. Conroy, id. 247; 97 N. Y. 62; People v. Greenwall, 115 id. 520; Fitzgerrold v. People, 37 id. 413; People v. Giblin, id. 197; People v. Carlton, id. 623; People v. Johnson, 110 id. 135; Cox v. People, 80 id. 502; People v. Sweeney, 41 Hun, 340; 4 N. Y. Cr. 283.

Subd. 4. People v. Greenwall, 115 N. Y. 524.

See further, People v. Kelly, 113 N. Y. 647; Greenfield v. People, 85 id. 75; Moett v. People, id. 373; Abbott v. People, 86 id. 460; People v. Smith, 121 id. 579; People v. Jackson, 111 id. 362; People v. Lamb, 2 Abb. (N. S.) 148; People v. Willett, 102 N. Y. 251; People v. Hill, 19 N. Y. State Rep'r, 672; People v. Otto, 4 N. Y. Cr. 149; People v. Rego, 36 Hun, 129.

§ 184. Id.; second degree.- Such killing of a human being is murder in the second degree, when committed with a design to effect the death of the person killed, or of another, but without deliberation and premeditation.