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prison" shall be construed to include also such women's prison and Indiana reformatory.

1986. Person defined.-343. When the term "person" or other words, is used to designate the party whose property is the subject of an offense or against whom any act is done, with intent to defraud or injure, the term may be construed to include the United States or any foreign government, this state or any other state or territory, or any public or private corporation.

See notes to section 1972, Burns' R. S. 1901.

1987. Laws and usages.—344. In all criminal cases where no special provision has been made in this act, the rules of pleading and practice in civil actions shall govern, so far as applicable.

See notes to section 1973, Burns' R. S. 1901.

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1988.

1989. Misprision of treason.

[Acts 1905, p. 584. In force April 15, 1905.] Treason-Definition-Punishment.

345. Whoever levies war against this state, or knowingly adheres to its enemies, giving them aid or comfort, is guilty of treason against the State of Indiana; and, on conviction shall suffer death, or be imprisoned in the state prison during life.

See sections 1975, 1976, Burns' R. S. 1901.

1989. Misprision of treason.-346. Whoever, having knowledge that any person has committed treason or is about to commit treason against this state, wilfully omits or refuses to give information thereof to the governor or some judge of the state, as soon as may be, is guilty of misprision of treason; and, on conviction, shall be imprisoned in the state prison for any period not exceeding twenty-one years, and fined in any sum not exceeding ten thousand dollars, and shall also be disfranchised and rendered incapable of holding any office for any period not less than ten years.

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[Acts 1905, p. 584. In force April 15, 1905.]

1990. Murder, first degree. 347. Whoever, purposely and with premeditated malice, or in the perpetration of or attempt to perpetrate a rape, arson, robbery or burglary, or by administering poison or causing the same to be administered, kills any human being, is guilty of murder in the first degree, and on conviction shall suffer death, or be imprisoned in the state prison during life.

See section 1977, Burns' R. S. 1901, and notes.

If a defendant pleads guilty to a charge of murder in the first degree, the jury has sole power to determine whether the punishment shall be death or imprisonment for life. Jackson v. State, 161 Ind. 36.

1991. Murder by duel.-348. Whoever fights a duel with another in this state, and in so doing inflicts a wound upon his antagonist or any other person, whereof the person thus injured shall die, is guilty of murder in the first degree, and on conviction, shall suffer death or be imprisoned in the state prison during life.

1992. Murder by duel-Outside state. 349. Whoever, by previous appointment made within, fights a duel without this state, and, in so doing, inflicts a mortal wound upon any person, whereof the person thus injured shall die within this state, is guilty of murder in the first degree, and, on conviction, shall suffer death or be imprisoned in the state prison during life.

1993. Murder-Second degree.-350. Whoever, purposely and maliciously, but without premeditation, kills any human being, is guilty of murder in the second degree, and, on conviction, shall be imprisoned. in the state prison during life.

See notes to section 1980, Burns' R. S. 1901.

1994. Manslaughter.-351. Whoever unlawfully kills any human being without malice, express or implied, either voluntarily upon a sud

den heat, or involuntarily, but in the commission of some unlawful act, is guilty of manslaughter, and, on conviction, shall be imprisoned in the state prison not less than two years, nor more than twenty-one years. See notes to section 1981, Burns' R. S. 1901.

Manslaughter is an infamous crime within the meaning of the statute defining causes for divorce. Sutherlin v. Sutherlin, 27 App. 301.

An indictment charging the crime of involuntary manslaughter must show that the accused was engaged in some unlawful act from which the death in question resulted. Eaton v. State, 162 Ind. 554.

On the trial of a charge of murder by administering poison the defendant may be convicted of voluntary manslaughter. Hassenfuss v. State, 156 Ind. 246.

If a person is unlawfully carrying a revolver concealed on his person, and such weapon is accidentally discharged and kills another, such person is not guilty of involuntary manslaughter. Potter v. State, 162 Ind. 213.

1995. Assault and battery with intent.-352. Whoever perpetrates an assault or an assault and battery upon any human being, with intent to commit a felony, shall, on conviction, be imprisoned in the state prison not less than two years, nor more than fourteen years, and be fined not exceeding two thousand dollars.

See notes to section 1982, Burns' R. S. 1901.

In order to constitute an assault and battery with an intent to commit rape there must be an attempt to commit a violent injury upon the person of the prosecuting witness, with the intent to have carnal knowledge of her forcibly and against her will. Hollister v. State, 156 Ind. 255.

Evidence held sufficient to justify a conviction of an assault and battery with intent to commit rape on a girl under the age of fourteen years. Hanes v. State, 155 Ind. 112. On a charge of an assault and battery with an intent to commit a felony, the intoxication of the accused at the time the offense is alleged to have been committed may be considered in determining whether the defendant was capable of entertaining the necessary criminal intent. Booher v. State, 156 Ind. 435.

1996. Assault.-353. Whoever, having the present ability to do so, unlawfully attempts to commit a violent injury upon the person of another, is guilty of an assault, and, on conviction, shall be fined not exceeding fifty dollars.

See notes to section 1983, Burns' R. S. 1901.

The acquittal of a charge of provocation does not bar a prosecution for an assault. Miller v. State, 33 App. 509.

1997. Assault and battery.-354. Whoever, in a rude, insolent or angry manner, unlawfully touches another, is guilty of an assault and battery, and, on conviction, shall be fined not more than one thousand dollars, to which may be added imprisonment in the county jail not exceeding six months.

See notes to section 1984, Burns' R. S. 1901.

1998. Malicious mayhem.-355. Whoever, purposely and maliciously, with intent to maim or disfigure, cuts, bites or slits the nose, ear or lip, cuts out or disables the tongue, puts out or destroys an eye, cuts off or disables a limb or any member of another person, is guilty of malicious mayhem, and, on conviction, shall be imprisoned in the state prison not less than two years, nor more than fourteen years, and be fined not more than two thousand dollars.

See note to section 1985, Burns' R. S. 1901.

1999. Simple mayhem.-356. Whoever, violently and unlawfully, deprives another of the use of any bodily member, or unlawfully and wilfully disables the tongue or eye, or cuts, bites or slits the nose, ear or lip of another, is guilty of simple mayhem, and, on conviction, shall be fined not less than five dollars, nor more than two thousand dollars, and shall be imprisoned in the county jail not less than twenty days nor more than six months.

See notes to section 1986, Burns' R. S. 1901.

2000. Robbery.-357. Whoever, forcibly and feloniously takes from the person of another any article of value, by violence or by putting in fear, is guilty of robbery, and, on conviction, shall be imprisoned in the state prison not less than two years nor more than fourteen years, and be fined not exceeding one thousand dollars, and disfranchised and rendered incapable of holding any office of trust or profit for any determinate period.

See notes to section 1987, Burns' R. S. 1901.

In charging an assault in the commission of robbery it is not necessary to allege that the accused had the present ability to commit the assault. Craig v. State, 157 Ind. 574.

2001. Kidnapping.-358. Whoever kidnaps, or forcibly or fraudu lently carries off or decoys from any place within this state, or arrests or imprisons any person, with the intention of having such person carried away from any place within this state, unless it be in pursuance of the laws of this state or of the United States, is guilty of kidnapping, and, on conviction, shall be fined not less than one hundred dollars nor more than five thousand dollars, and be imprisoned in the state prison not less than two years nor more than fourteen years.

See notes to section 1988, Burns' R. S. 1901.

2002. Child stealing.—359. Whoever takes, leads, carries, decoys or entices away a child under the age of fourteen years, with intent unlawfully to detain or conceal such child from its parents, guardian or other person having the lawful charge or custody of such child, and whoever, with the intent aforesaid, knowingly harbors or conceals any such child so led, taken, carried, decoyed or enticed away, on conviction, shall be fined not less than fifty dollars, nor more than one thousand

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