Sec. 4564. CRIMES AND PUNISHMENTS. Amenable to. crimes and punishments, or applicable thereto, and all the laws of this state concerning proceedings in criminal cases or applicable thereto, are hereby extended to and over all Indians in this state, whether such Indians be on or off an Indian reservation, and all of said laws are hereby declared to be applicable to all crimes committed by Indians within this state, whether committed on or off an Indian reservation, save and except an offense committed upon an Indian reservation by one Indian against the person or property of another Indian. CHAPTER XXII. OF CRIMES AND PUNISHMENTS. SECTION. 4565. General Act of 1861 4535. Persons capable of committing crimes. 4574. Accessory. 4576. Witnesses. 4579. Offenses against the person. 4619. Offenses against habitations and other buildings. 4623. Offenses against property. 4637. Forgery and counterfeiting. 4659. Crimes and offenses against public justice. 4635. Offenses against public peace and tranquility. 4673. Ofenses against public morality, health and police. 4631. Offenses committed by swindlers and other fraudulent persons. 4683. Fraudulent and malicious mischief. 4635. Miscellaneous offenses. 4637. General provisions. 4706. Altering legislative bills and obtaining money for legislation. 4709. Using public moneys. 4711. Prevention of unauthorized expenditure of state money. 4713. Assaying, regulating the business of. 4715. Same. 4717. Mines, protection of, and prevention of fraud. 4718. Opium, prevention of sale or disposal and places of resort. 4723. Amendatory and supplemental to the preceding. 4729. Prohibiting sale of liquors near state prison. 4730. Prohibiting sale of liquors to minors. 4732. Prohibiting sale of liquors to Indians. 4738. Promoting habits of temperance-anti-treating. SECTION. 4744. Railroad track, obstruction of, and injury to railroad. 4715. Violation of law, regulating charges by railroads. 4746. Prisoners, to prevent the escape of. 4748. Prisoners escaping from state prison or jail. 1751. Marriages, prevention of without license. 4753. Women, prevention of cruelty to. Sec. 4566. 4760. Marriages or cohabitation, with Indians, Chinese, mulattoes or Negroes. 4764. Slavery or involuntary servitude, prevention of. 4765. Vagrancy and vagrants. 4776. Cruelty to animals, prevention of. 4786. Larceny of animals. 4787. Hides and ears of slaughtered animals to be kept. 478). Killing of stock, sale or purchase of hides or carcasses. 4791. Hides of slaughtered animals to be exhibited. 4706. Killing or branding stock running at large. 4797. Use or work of horses, mules or work cattle, unauthorized. 4799. Camels and drome laries not to run at large. 4801. Milk, adulteration of, and sale of impure, prohibited. 4803. Supplemental to the preceding Act. 4810. Oleomargarine, and impure butter, sale of prohibited. 4813. Capitol grounds of state, protected. 4814. Fences and inclosures, protected. 4819. Bridges, toll or county, protected. 4820. Si lewalks in towns and villages, protected. 4821. Keeping of disorderly houses or inns prohibited. 4822. Licenses to be posted up. 4524. Cheating and unlawful games prohibited. 4562. Winning money from persons who have no right to gamble. 4833. Minors prohibited from gambling. 4842. Use of firearms in public places prohibited. 454. Minors prohibited from carrying concealed weapons. 4845. Larceny more fully defined. 4847. Lord's day, better observance of. 4852. Advertisements of certain kinds prohibited. 4858. Lotteries prohibited. 4863. Contagious diseases, preventing spread of. 4870. Disinterments prohibite 1, and spread of contagious diseases. An Act concerning crimes and punishments. Approved November 26, 1861, 36. I. PERSONS CAPABLE OF COMMITTING CRIMES. 4363 SECTION 1. In every crime or public offense, there Essence of must be a union or joint operation of act and intention, or crim-crime. inal negligence. 4366. SEC. 2. Intention is manifested by the circum-Intent. stances connected with the perpetration of the offense, and the sound mind and discretion of the person accused. Sec. 4567. Of sound mind. Infant incapable. Wrong counsel. Married 4567. SEC. 3. A person shall be considered of sound mind who is neither an idiot or lunatic, or affected with insanity, and who hath arrived at the age of fourteen years, or before that age, if such person knew the distinction between good and evil. 4568. SEC. 4. An infant under the age of fourteen years, shall be deemed incapable of knowing the distinction between good and evil, unless the contrary be clearly shown. unatic, or 4369. SEC. 5. Any person counseling, advising, or encouraging an infant under the age of ten years, a idiot, to commit any offense, shall be prosecuted for such offense, where committed, as principal, and if found guilty, shall suffer the same punishment that would have been inflicted on such person counseling, advising, or encouraging, as aforesaid, had he or she committed the offense directly, without the intervention of such idiot, lunatic, or infant. 4570. SEC. 6. A married woman, acting under the threats, wemionunder command, or coercion of her husband, shall not be found guilty coercion. Drunkenness. of any crime not punishable with death; provided, it appear, from all the facts and circumstances of the case, that violent threats, command, or coercion were used; and, in such case, the husband shall be prosecuted as principal, and receive the punishment which would otherwise have been inflicted on the wife, if she had been found guilty. 4571. SEC. 7. Drunkenness shall not be an excuse for any crime, unless such drunkenness be occasioned by the fraud, contrivance, or force of some other person or persons, for the purpose of causing the perpetration of an offense, in which case the person or persons so causing said drunkenness, for such malignant purpose, shall be considered principal or principals, and suffer the same punishment as would have been inflicted on the person or persons committing the offense, if he, she, or they had been possessed of sound reason and discretion. Misfortune. 4572. SEC. S. All acts committed by misfortune or accident shall not be deemed criminal, where it satisfactorily appears that there was no evil design or intention or culpable negligence. Committed Accessory. 4373. SEC. 9. A person committing a crime not punishable with death, under threats or menaces, which sufficiently show that his or her life was in danger, or that he or she had reasonable cause to believe, and did believe, that his or her life was in danger, shall not be found guilty, and such threats or menaces being proved and established, the person or persons compelling, by such threats or menaces, the commission of the offense, shall be considered as principal or principals, and suffer the same punishment as if he or she had perpetrated the offense. II. ACCESSORY. 4374. SEC. 10. An accessory is he or she who stands by and aids, abets, or assists; or who, not being present, aiding, Sec. 4580. abetting, or assisting, hath advised and encouraged the perpe- State v. Chapman, 6 Nev. 320; State v, Stewart, 6 Nev. 175. a person After the 4573. SEC. 11. An accessory after the fact, is who, after full knowledge that a crime has been committed, conceals it from the magistrate, or harbors and protects the person charged with or found guilty of the crime. Any person being found guilty of being an accessory after the fact, shall be imprisoned for any term not exceeding two years, and fined a sum not exceeding five thousand dollars, to be regulated by the circumstances of the case and enormity of the crime. III.-WITNESSES. fact. 4376. SEC. 12. The rules for determining the competency witnesses. of witnesses in civil actions are applicable also to criminal actions and proceedings, except as otherwise provided for in this Act. The party or parties injured shall in all cases be competent witnesses; the credibility of all such witnesses shall be left to the jury, as in other cases. more persons are jointly or otherwise concerned in the comIn all cases when two or mission of any crime or misdemeanor, either of such persons may be sworn as a witness against another, 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; and any person may be compelled to testify, as provided in this section. -As amended, Stats. 1881, 83. 4577. SEC. 13. Except with the consent of both, or in Husband cases of criminal violence upon one by the other, neither hus- and wife. band nor wife is a competent witness for or against the other in a criminal action or proceeding to which one or both are parties. As amended, Stats. 1865, 403; 1881, 84. 4578. SEC. 14. The solemn affirmation of witnesses shall Afirmation be deemed sufficient. A false or corrupt affirmation shall sub-sufficient. ject the witness to all the penalties and punishments provided for those who commit willful and corrupt perjury. IV. OFFENSES AGAINST THE PERSONS OF INDIVIDUALS. 4579. SEC. 15. Murderis the unlawful killing of a human Murder. being, with malice aforethought, either express or implied. The unlawful killing may be effected by any of the various means by which death may be occasioned. State ex rel Truman v. MeKenney, 18 Nev. 182.. 4580. SEC. 16. Express malice is that deliberate inten-Malice. State v. Bonds, 2 Nev. 265; State v. Newton, 4 Nev. 410; State v. Sec. 4581. When implied. Degrees of murder. 4381. SEC. 17. Malice shall be implied when no considerable provocation appears, or when all the circumstances of the killing show an abandoned and malignant heart. All murder which shall be perpetrated by means of poison, or lying in wait, torture, or by any other kind of willful, 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; and all other kinds of murder shall be deemed murder of the second degree; and the jury before whom any person indicted for murder shall be tried, shall, if they find such person guilty thereof, designate by their verdict whether it be murder of the first or second degree; but, if such person shall be convicted on confession in open court, the court shall proceed, by examination of witnesses, to determine the degree of the crime, and give sentence accordingly. Every person convicted of murder of the first degree shall suffer death, and every person convicted Punishment. of murder of the second degree shall suffer imprisonment in the state prison for a term not less than ten years, and which may be extended to life. Manslaughter Voluntary When pun- Involuntary State v. Millain, 3 Nev. 410. 4582. SEC. 18. Manslaughter is the unlwful killing of a human being, without malice express or implied, and without any mixture of deliberation. It must be voluntary, upon a sudden heat of passion, caused by a provocation apparently sufficient to make the passion irresistible; or, involuntary, in the commission of an unlawful act, or a lawful act without due caution or circumspection. 4383. Src. 19. In cases of voluntary manslaughter, there must be a serious and highly provoking injury inflicted upon the person killing, sufficient to excite an irresistible passion in a reasonable person, or an attempt by the person killed to commit a serious personal injury on the person killing. 4384. SEC. 20. The killing must be the result of that sudden, violent impulse of passion supposed to be irresistible; for, if there should appear to have been an interval between the assault or provocation given and the killing sufficient for the voice of reason and humanity to be heard, the killing shall be attributed to deliberate revenge, and punished as murder. 4383. SEC. 21. Involuntary manslaughter shall consistin manslaughter the killing of a human being, without any intent so to do, in the commission of an unlawful act, or a lawful act which probably might produce such a consequence in an unlawful manner; provided, that where such involuntary killing shall happen in the commission of an unlawful act, which, in its consequences, naturally tends to destroy the life of a human being, or is committed in the prosecution of a felonious intent, the offense shall be deemed and adjudged to be murder. Punishment. 4386. SEC. 22. Every person convicted of the crime of manslaughter shall be punished by imprisonment in the state prison for a term not exceeding ten years. |