§ 211. ROBBERY DEFINED. Robbery is the felonious taking of personal property in the possession of another, from his person or immediate presence, and against his will, accomplished by means of force or fear.

Enacted February 14, 1872, founded on § 59 Criminal Practice Act, Stats. 1850, p. 235.

§ 211a. DEGREES OF ROBBERY. All robbery which is perpetrated by torture or by a person being armed with a dangerous or deadly weapon is robbery in the first degree. All other kinds of robbery are of the second degree.

Enactment approved May 8, 1923, Stats. and Amdts. 1923, p. 270. In effect August 16, 1923.

§ 212. WHAT FEAR MAY BE AN ELEMENT IN ROBBERY. The fear mentioned in the last section may be either

1. The fear of an unlawful injury to the person or property of the person robbed, or of any relative of his or member of his family; or,

2. The fear of an immediate and unlawful injury to the person or property of any one in the company of the person robbed at the time of the robbery.

Enacted February 14, 1872; amendment approved March 30, 1874, Code Amdts. 1873-4,

p. 427.

§ 213. PUNISHMENT OF ROBBERY. Robbery is punishable by imprisonment in the state prison as follows:

1. Robbery in the first degree for not less than five years.

2. Robbery in the second degree, for not less than one year.

Enacted February 14, 1872, founded on § 59 Criminal Practice Act (Stats. 1850, p. 235), as amended April 19, 1856, Stats. 1856, p. 220; amendment approved May 8, 1923, Stats. and Amdts. 1923, p. 271. In effect August 16, 1923.

As to punishment where person kidnaped for purpose of robbery, see ante, § 209.

§ 214. ROBBERY; GOING UPON RAILROAD TRAINS; OR DOING ANY ACT THEREON, FOR THE PURPOSE OF. Every person who goes upon or boards any railroad train, car or engine, with the intention of robbing any passenger or other person on such train, car or engine, of any personal property thereon in the possession or care or under the control of any such passenger or other person, or who interferes in any manner with any switch, rail, sleeper, viaduct, culvert, embankment, structure or appliance pertaining to or connected with any railroad, or places any dynamite or other explosive substance or material upon or near the track of any railroad, or who sets fire to any railroad bridge or trestle, or who shows, masks, extinguishes or alters any light or other signal, or exhibits or compels any other person to exhibit any false light or signal, or who stops any such train, car or engine, or slackens the speed thereof, or who compels or attempts to compel any person in charge or control thereof to stop any such train, car or engine, or slacken the speed thereof, with the intention of robbing any passenger or other person on such train, car or engine, of any personal property thereon in the possession or charge or under the control of any such passenger or other person, is guilty of a felony.

Enactment by Code Commission, Act March 16, 1901, Stats. and Amdts. 1900-1, p. 447, held unconstitutional, see history, § 5 ante; enactment approved March 21, 1905, Stats. and Amdts. 1905, p. 653.

§ 216. ADMINISTERING POISON. Every person who, with intent to kill, administers, or causes or procures to be administered, to another any poison or other or destructive substance or liquid, but by which death is not caused, is punishable by imprisonment in the state prison not less than ten years.

Enacted February 14, 1872, founded on § 45 Criminal Practice Act (Stats. 1850, p. 233), as amended May 20, 1861, Stats. 1861, p. 588. As to administering stupefying drugs, see post, § 222.

§ 217. ASSAULT WITH INTENT TO COMMIT MURDER. Every person who assaults another with intent to commit murder, is punishable by imprisonment in the state prison not less than one nor more than fourteen years.

Enacted February 14, 1872, founded on § 50 Criminal Practice Act (Stats. 1850, p. 234) and § 2 Act April 10, 1855, Stats. 1855, p. 106.

As to assault by life convict being punishable with death, see post, § 246.

As to assault with Intent to commit other felony, see post, § 221.

As to assault with deadly weapon, see post, § 245.

§ 218. TRAIN-WRECKING, INTENTION OF, PUNISHMENT FOR. 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, 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, 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, is guilty of a felony.

Enactment approved March 31, 1891, Stats. and Amdts. 1891, p. 283; amendment by Code Commission, Act March 16, 1901, Stats. and Amdts. 1900-1, p. 447, held unconstitutional, see history, § 5 ante; amendment re-enacted March 21, 1905, Stats. and Amdts. 1905, p. 654.

As to placing obstructions upon rails or track of railroad, see post, § 587, subd. 2.

§ 219. RAILROAD TRAINS, WHEN WRECKED; PUNISHMENT. 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.

Enacted March 21, 1905, Stats. and Amdts. 1905, p. 655.

CHAPTER VI.

ASSAULTS WITH INTENT TO COMMIT FELONY, OTHER THAN ASSAULTS WITH INTENT TO MURDER.

§ 220.

Assault with intent to commit rape.

§ 222. Administering stupefying drugs.

§ 221. Other assaults.

§ 220. ASSAULT WITH INTENT TO COMMIT RAPE. 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.

Enacted February 14, 1872, founded on § 50 Criminal Practice Act (Stats. 1850, p. 324), and 2 Act April 10, 1855, Stats. 1855, p. 106.

As to rape generally, see post, §§ 261-263.

§ 221. OTHER ASSAULTS. 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.

Enacted February 14, 1872.

As to assault generally, see post, § 240.
As to assault to murder, see ante, § 217.
As to assault to rape, see ante, § 220.

As to assault with deadly weapon, see post, § 245.

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

Enacted February 14, 1872, founded upon § 13 Consol. Stats. Canada, p. 955,
As to administering polson with intent to kill, see ante, § 216.

[Commissioners' note says following chapter is "founded upon the provisions of an act of 1855 (Stats. 1855, p. 152, § 1) and of §§ 43 and 44 of the Crimes and Punishment Act of 1850, p. 233, and §§ 293, 294, 300, 301, and 303 of the New York Penal Code."]

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

Enacted February 14, 1872.

§ 226. PUNISHMENT FOR FIGHTING A DUEL, WHEN DEATH ENSUES. 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.

Enacted February 14, 1872.

§ 227. PUNISHMENT FOR FIGHTING A DUEL, ALTHOUGH DEATH DOES NOT ENSUE. 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.

Enacted February 14, 1872; amendment approved March 30, 1874, Code Amdts. 1873-4, p. 428; by Code Commission, Act March 16, 1901, Stats. and Amdts. 1900-1, p. 448, held unconstitutional, see history, § 5 ante.

§ 228. PERSONS FIGHTING DUELS, ETC., DISQUALIFIED FROM HOLDING OFFICE, ETC. 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.

Enacted February 14, 1872; amendment approved March 30, 1874, Code Amdts. 1873-4, As to damages recoverable for injuries inflicted in a duel, see Kerr's Small C. C., §§ 3347, 3348. As to engaging in duel disqualifying for holding office or enjoying the right of suffrage, see Const. 1879, Art. XX, § 2.

p. 428; April 6, 1880, Code Amdts. 1880 (Pen. pt.), p. 8.

§ 229. POSTING for not FIGHTING. 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 uses 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.

Enacted February 14, 1872, founded on § 43 Criminal Practice Act, Stats. 1850, p. 233.

§ 230. DUTIES OF OFFICERS TO PREVENT DUELS. 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 person to fight a duel, and who does not exert his official authority to arrest the party and prevent the duel, is punishable by fine not exceed ing one thousand dollars.

Enacted February 14, 1872.

§ 231. LEAVING THE STATE WITH INTENT TO EVADE LAWS AGAINST DUELING. Every person who leaves this state with intent to evade any of the provisions of this chapter, and to commit any act out of this 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.

Enacted February 14, 1872.

As to jurisdiction over offense where party leaves state to fight a duel, see post, § 780.

§ 232. WITNESS'S PRIVILEGE. 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.

Enacted February 14, 1872.