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the intention of wrecking such train, car or engine, is guilty of a felony. 1905-654.

219. Every person who unlawfully throws out a switch, removes a rail, or places any obstruction on any railroad with the intention of derailing any passenger, freight or other train, car or engine and thus derails the same, or who unlawfully places any dynamite or other explosive material or any other obstruction upon or near the track of any railroad with the intention of blowing up or derailing any such train, car or engine and thus blows up or derails the same, or who unlawfully sets fire to any railroad bridge or trestle over which any such train, car or engine must pass with the intention of wrecking such train, car or engine, and thus wrecks the same, is guilty of a felony and punishable with death or imprisonment in the state prison for life at the option of the jury trying the case. 1905–655.

CHAPTER VI. Assaults with Intent to Commit Felony, Other than Assaults with

Intent to Murder. 220. Assault, intent to com- 222. Drugs, giving stupefymit rape.

ing 221. Other assaults.

220. Every person who assaults another with intent to commit rape, the infamous crime against nature, mayhem, robbery, or grand larceny, is punishable by imprisonment in the state prison not less than one nor more than fourteen years.

221. Every person who is guilty of an assault, with intent to commit any felony, except an assault with intent to commit murder, the punishment for which assault is not prescribed by the preceding section, is punishable by imprisonment in the state prison not exceeding five years, or in a county jail not exceeding one year, or by fine not exceeding five hundred dollars, or by both.

222. Every person guilty of administering to another any chloroform, ether, laudanum, or other narcotic, anesthetic, or intoxicating agent, with intent thereby to enable or assist himself or any other person to commit a felony, is guilty of a felony,

CHAPTER VII.

ensues.

Duels and Challenges. 225. Duel defined.

229. Posting for not fight226. Punishment, when death

ing.

230. Officers to prevent duels. 227. Same, when death does 231. Leaving state to evade not ensue.

laws. 228. Fighting, duels, etc. 232. Witnesses, privileges.

225. A duel is any combat with deadly weapons, fought between two or more persons, by previous agreement or upon a previous quarrel.

226. Every person guilty of fighting any duel, from which death ensues within a year and a day, is punishable by imprisonment in the state prison not less than one nor more than seven years.

227. Every person who fights a duel, or who sends or accepts a challenge to fight a duel, is punishable by imprisonment in the state prison or in the county jail not exceeding one year. 1874-428.

228. Any citizen of this state who shall fight a duel with deadly weapons, or send or accept a challenge to fight a duel with deadly weapons, either within this state or out of it, or who shall act as second, or knowingly aid or assist in any manner those thus offending, shall not be allowed to hold any office of profit, or to enjoy the right of suffrage, and shall be declared so disqualified in the judgment, upon conviction. 1880–8.

229. Every person who posts or publishes another for not fighting a duel, or for not sending or accepting a challenge to fight a duel, or who use any reproachful or contemptuous language, verbal, written, or printed, to or concerning another, for not sending or accepting a challenge to fight a duel, or with intent to provoke a duel, is guilty of a misdemeanor.

230. Every judge, justice of the peace, sheriff, or other officer bound to preserve the public peace, who has knowledge of the intention on the part of any persons to fight a duel, and who does not exert his official authority to arrest the party and prevent the duel, is punishable by a fine not exceeding one thousand dollars.

231. Every person who leaves this state with intent to evade any of the provisions of this chapter, and to commit any act out of the state such as is prohibited by this chapter, and who does any act, although out of this state, which would be punishable

by such provisions if committed within this state, is punishable in the same manner as he would have been in case such act had been committed within this state.

232. No person shall be excused from testifying or answering any question upon any investigation or trial for a violation of either of the provisions of this chapter, upon the ground that his testimony might tend to convict him of a crime. But no evidence given upon any examination of a person so testifying shall be received against him in any criminal prosecution or proceeding.

CHAPTER VIII.

False Imprisonment.
236. False imprisonment, de- 237. Same, how punished.

fined. 236. False imprisonment is the unlawful violation of the personal liberty of another.

237. False imprisonment is punishable by fine not exceeding five hundred dollars, or by imprisonment in the county jail not more than one year, or by both. If such false imprisonment be effected by violence, menance, fraud, or deceit, it shall be punishable by imprisonment in the state prison for not less than one nor more than ten years.

1901-53.

CHAPTER IX.

Assault and Battery.

240. Assault, defined.

244. Assaults caustic chem241. Assault, how punished.

icals. 242. Battery, defined.

245. Same, with deadly weap243. Battery, how punished.

ons. cals.

246. Same, life convict, how

punished. 240. An assault is an unlawful attempt, coupled with a present ability, to commit a violent injury on the person of another.

241. An assault is punishable by fine not exceeding five hundred dollars or by imprisonment in the county jail not exceeding six months, or by both. 1911-687.

242. A battery is any willful and unlawful use of force or violence upon the person of another.

243. A battery is punishable by a fine of not exceeding one thousand dollars, or by imprisonment in the county jail not exceeding six months, or by both. 1881–11.

244. Every person who willfully and maliciously places or throws or causes to be placed or thrown, upon the person of another, any vitriol, corrosive acid, or caustic chemical of

any nature with the intent to injure the flesh or disfigure the body of such person, is punishable by imprisonment in the state prison not less than one nor more than fourteen years.

245. Every person who commits an assault upon the person of another with a deadly weapon or instrument, or by any means or force likely to produce great bodily injury, is punishable by imprisonment in the state prison, or in a county jail, not exceeding ten years, or by fine not exceeding five thousand dollars, or by both.

1921–86. 246. Every person undergoing a life sentence in a state prison of this state, who, with malice aforethought, commits an assault upon the person of another with a deadly weapon or instrument, or by any means or force likely to produce great bodily injury, is punishable with death. 1901—6.

CHAPTER X.

Libel.

248. Libel, defined.

253. Liability editors and pub249. Punishment of libel.

lishers. 250. Malice presumed.

254. Extent of privilege. 251. Truth admissible, law 256. Privileged communicaand fact for jury.

tions. 252. Publication, defined.

257. Threatening publica

tions, etc., extortion. 248. A. libel is a malicious defamation, expressed either by writing, printing, or by signs or pictures, or the like, tending to blacken the memory of one who is dead, or to impeach the honesty, integrity, virtue, or reputation, or publish the natural or alleged defects of one who is alive, and thereby to expose him to public hatred, contempt, or ridicule. 1874–428.

249. Every person who wilfully, and with a malicious intent to injure another, publishes or procures to be published any libel, is punishable by a fine not exceeding five thousand dollars, or imprisonment in the county jail not exceeding one year.

250. An injurious publication is presumed to have been malicious if no justifiable motive for making it is shown.

251. In all criminal prosecutions for libel, the truth may be given in evidence to the jury, and if it appears to the jury that the matter charged as libelous is true, and was published with good motives and for justifiable ends, the party shall be acquitted. The jury have the right to determine the law and the fact.

252. To sustain a charge of publishing a libel, it is not needful that the words or things complained of should have been read or seen by another. It is enough that the accused knowingly parted with the immediate custody of the libel under circumstances which exposed it to be read or seen by any other person than himself.

253. Each author, editor, and proprietor of any book, newspaper, or serial publication, is chargeable with the publication of any words contained in any part of such book, or number of such newspaper or serial.

254. No reporter, editor, or proprietor of any newspaper is liable to any prosecution for a fair and true report of any judicial, legislative, or other public offical proceedings, or of any statement, speech, argument, or debate in the course of the same, except upon proof of malice in making such report, which shall not be impiled from the mere fact of publication.

255. Libelous remarks or comments connected with matter privileged by the last section receive no privelege by reason of their being so connected.

256. A communication made to a person interested in the communication, by one who was also interested or who stood in such relation to the former as to afford a reasonable ground for supposing that his motive innocent, is not presumed to be malicious, and is a privileged communication.

257. Every person who threatens another to publish a libel concerning him, or any parent, husband, wife, or child of such person, or member of his family, and every person who offers to prevent the publication of any libel upon another person, with intent to extort any money or other valuable consideration fron any person, is guilty of a misdemeanor.

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