CRIMINAL LAWS.

AN ACT concerning crimes and punishments.

CHAPTER I.

PERSONS CAPABLE OF COMMITTING CRIMES.

Sec. 1. Essence of crimes.

Sec. 2. How intent manifested.

Sec. 3. Idiots and insane persons.

Sec. 4. An infant defined.

Sec. 5. Counselling infants, idiots, and insane persons.

Sec. 6. Married women acting under influence of husband.
Sec. 7. Husband inducing wife to commit offence.

Sec. 8. Drunkenness not excuse for crime.

Sec. 9. Acts committed by accident or misfortune.

Sec. 10. Persons committing crimes under threats and menaces. Sec. 11. Persons who induce the commission of crimes by threats,

etc., etc.

Section 1. In every crime or public offence, there must be a union or joint operation of act and intention, or of act and criminal negligence.

Sec. 2. The intention is manifested by the circumstances connected with the perpetration of the offence, and the soundness or maturity of the mind of the person committing the act.

Sec. 3. A person who is an idiot, or insane, is of unsound mind, and incapable of forming an intention to commit a crime. Sec. 4. An infant under the age of fourteen years, unless the contrary be clearly shown, shall be deemed incapable of knowing,

sufficiently clearly, the distinction between good and evil, to enable him to form the intention of committing a crime.

Sec. 5. Any person counselling, advising, or encouraging an infant under the age of fourteen years, who does not know sufficiently the distinction between good and evil to enable her or him to commit a crime; or an idiot, or insane person, to perpetrate an offence, shall be deemed to have committed the offence himself, and shall suffer the same punishment as though the crime had been perpetrated without the instrumentality of such infant, idiot, or insane person.

Sec. 6. A married woman, while acting under the threats, command, or coercion of her husband, shall not be deemed to have committed any offence not punishable with death.

Sec. 7. If it shall appear from all of the facts and circumstances connected with the commission of any criminal offence, that any man has induced his wife to commit the same, by means of threats, commands, or coercion, he shall be deemed to have committed the offence himself, and shall be punished accordingly.

Sec. 8. Drunkenness shall not be an excuse for any crime, unless such drunkenness shall have been occasioned by the fraud, contrivance, or force of some other person, for the purpose of causing the commission of the offence; in which case, the person causing such drunkenness for the said purpose, shall be deemed to have committed the crime himself, and shall be punished accordingly.

Sec. 9. All acts committed by misfortune or accident, shall not be deemed criminal, where it satisfactorily appears that there was no evil intention or criminal negligence, and that the person performing the same was not, at the time of the commission thereof, engaged in some felonious enterprise.

Sec. 10. Any person committing a crime, not punishable with death, under threats or menaces, which sufficiently show that his life was in great danger, or that he had reasonable cause for believing, and did believe, that his life was in great danger, shall not be deemed to have committed the crime.

Sec. 11. Any person who shall coerce another to commit a crime, by means of threats and menaces, which shall induce the person committing the act to believe and give him reasonable cause for believing his life to be in great danger, shall be deemed to have committed the crime himself, and shall be punished accordingly.

CHAPTER II.

ACCESSORIES.

Sec. 12. Who shall be deemed a principal offender.
Sec. 13. Concealment of offender-punishment for.

Section 12. Any person who stands by and aids, abets, or assists, or who, not being present, hath advised and encouraged the commission of a crime, shall be deemed a principal offender, and shall be punished accordingly.

Sec. 13. Any person who, after full knowledge that any crime has been committed, conceals the same from any magistrate, sheriff, or other officer of the law, or harbors and protects any person charged with or found guilty of any crime, is an accessory after the fact, and shall be punished by imprisonment in the territorial prison for a term not exceeding two years, and fined in any sum not exceeding five thousand dollars, to be regulated by the circumstances of the case and the enormity of the crime of the principal offender.

CHAPTER III.

WITNESSES.

Sec. 14. Party injured, or jointly concerned, competent witness. Sec. 15. Defendant may testify.

Sec. 16. Witness may affirm.

Sec. 17. Any person present at a duel made witness.

Section 14. The party or parties injured by any criminal act, shall in all cases be competent witnesses; the credibility of the same being left to the jury. In all cases where two or more persons are jointly or otherwise concerned in the commission of any crime or misdemeanor, either of such persons may be sworn as a witness, for or against the other, in relation to such crime or misdemeanor; but the testimony given by such witness shall in no instance be used against himself in any criminal prosecution. Any person may be compelled to testify as in this section provided.

Sec. 15. Any defendant in a criminal action or proceeding, may be allowed to be sworn and testify in his own behalf; in such case the jury, in judging of the credibility of the witness and the

weight to be given to his testimony, shall take into consideration the fact that he is the defendant, and the nature and enormity of the crime of which he is accused; the fact that the defendant does not claim the right to be sworn, shall not be used to his prejudice; and the attorney prosecuting shall not comment on the same to the jury or court.

Sec. 16. The solemn affirmation of witnesses shall be deemed sufficient; a false or corrupt affirmation shall subject the witness to all of the penalties and punishments provided for those who commit wilful and corrupt perjury.

Sec. 17. Any and every person who shall be present at the time of fighting any duel with deadly weapons, either as second, surgeon, or spectator, or who shall advise or give assistance to such duel, shall be a competent witness against any person offending against the statute in such case, and may be compelled to appear and give evidence before any justice of the peace, grand jury, or court, in the same manner as other witnesses; but the testimony so given shall not be used in any prosecution or proceeding, civil or criminal, against the person who so testifies.

CHAPTER IV.

OFFENCES AGAINST THE LIVES AND PERSONS OF INDIVIDUALS.

Sec. 18. Murder-definition of.

Sec. 19. Malice-what is.

Sec. 20. Malice-when presumed to exist.

Sec. 21. Murder of first degree-what deemed.

Sec. 22. If in fight, upon previous agreement, death ensue, is murder.

Sec. 23. Duelling, if death ensue, murder.

Sec. 24. In verdict of murder jury to designate degree.

Sec. 25. Penalty for murder.

Sec. 26. Manslaughter-definition of.

Sec. 27. Voluntary manslaughter—what is.

Sec. 28. Involuntary manslaughter-what is.

Sec. 29. Penalty for manslaughter.

Sec. 30. Party must die within a year and a day.

Sec. 31. Where party killing to be tried.

Sec. 32. Justifiable homicide-what is.

Sec. 33. What sufficient to justify the killing.

Sec. 34. As to killing in self defence.

Sec. 35. As to justification of officer or private person in killing a person charged with felony while making arrest.

Sec. 36. Unavoidable necessity may justify homicide.

Sec. 37. Excusable homicide-what is.

Sec. 38. Justifiable or excusable homicide-general clause. Sec. 39. Homicide appearing justifiable or excusable-accused acquitted.

Sec. 40. Burden of proof.

Sec. 41.

As to concealing death of bastard child.

Sec. 42. As to procurement of miscarriage or abortion.

Sec. 43. Challenge or acceptance to fight duel.

Sec. 44. Malicious poisoning.

Sec. 45. Mayhem-what is.

Sec. 46. Rape-what is.

Sec. 47. Crime against nature.

Sec. 48. Kidnapping-definition of.

Sec. 49. Kidnapping-what deemed.

Sec. 50. Of an attempt to kidnap.

Sec. 51. As to enticing or decoying out of territory any Indian or colored person.

Sec. 52. Abduction-what deemed.

Sec. 53. Abduction of child.

Sec. 54. Abandonment of child-what deemed.

Sec. 55. Assault-definition of.

Sec. 56. Assault with intent to murder, rape, &c.

Sec. 57. Assault with deadly weapon.

Sec. 58. Assault and battery-definition of.

Sec. 59. Assault and battery with cowhide, &c., using weapon to intimidate.

Sec. 60. Maliciously or negligently poisoning water.

Sec. 61. Of threats, &c., to extort money.

Sec. 62. Exhibiting deadly weapon in threatening or angry manner not in self defence.

Sec. 63. False imprisonment-what is.

Section 18. Murder is the unlawful killing of a human being, with malice aforethought, either expressed or implied. The unlawful killing may be effected by any of the various means by which death may be occasioned.

Sec. 19. Express malice is that deliberate intention unlawfully to take away the life of a fellow creature, which is manifested by external circumstances capable of proof.

Sec. 20. Malice shall be presumed to exist when no considerable provocation appears, or when all the circumstances of the killing show an abandoned or malignant heart.

Sec. 21. All murder which shall be perpetrated by means of poison, or lying in wait, torture, or by any other kind of wilful, deliberate, and premeditated killing, or which shall be committed in the perpetration or attempt to perpetrate any arson, rape, robbery, or burglary, shall be deemed murder of the first degree;