itting under hreats. Persons com- not punishable with death, under threats or menaces which sufficiently show that his or her life or member was in danger, or that he or she had reasonable cause to believe, and did believe that his or her life or member 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. If person becomes insane af of crime. SEC. 12. A person that becomes lunatic or insane after ter commission the commission of a crime or misdemeanor, ought not to be tried for the offense during the continuance of the lunacy or insanity. If after verdict of guilty and before judgment pronounced, such person become lunatic or insane then no judgment shall be given while such lunacy or insanity shall continue, and if after judgment and before execution of the sentence such person become lunatic or insane, then in ca the punishment be capital, the execution thereof shall be stayed until the recovery of such person from the insanity or lunacy. In all these cases it shall be the duty of the court to impanel a jury to try the question whether the accused be at the time of impanelling insane or lunatic. Accessories. TITLE II. Accessories to Crime. case SEC. 13. An accessory is he or she who stands by and aids, abets or assists, or who, not being present, aiding, abetting or assisting, hath advised and encouraged the perpetration of the crime. He or she who thus aids, abets or assists, advises or encourages, shall be deemed and When deemed considered as principal, and punished accordingly. principals. Accessories after the fact. SEC. 14. An accessory after the fact, is a person who, after full knowldge 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 in a sum not exceeding five hundred dollars, in the discretion of the court, to be regulated by the circumstances of the case and the enormity of the crime. TITLE III. Offenses against the Persons of Individuals. How punished Murder. SEC. 15. Every murder which shall be perpetrated by means of poison, or lying in wait, or by any other kind of willful, deliberate and premeditated killing, shall be deemed murder in the first degree, and upon conviction thereof, the First degree. perpetrator shall suffer death by banging by the neck. Punishment. Second degres SEC. 16. Any person who shall purposely and maliciously, but without deliberation and premeditation, kill another, such person shall be deemed guilty of murder in the second degree, and on conviction thereof, shall be imprisoned Punishment. in the penitentiary, or territorial prison, and kept at hard labor during life. bery when death SEC. 17. Any person who in the perpetration or attempt Rape' arson, robto perpetrate any rape, arson, robbery or burglary, shall kill folios. another, such person shall be deemed guilty of murder in the second degree, and on conviction thereof, shall be imprisoned in the penitentiary, or territorial prison, and kept at hard labor during life. Killing upon sudden quarrel. slaughter. SEC. 18. If any person shall unlawfully kill another without malice. either upon a sudden quarrel or unintentionally, while the slayer is in the commission of some unlawful act, every such person shall be deemed guilty of manslaughter, Guilty of manand upon conviction thereof, shall be imprisoned in the penitentiary, and kept at hard labor not more than ten years, nor less than one year, and the length of time between one and ten years, for which the defendant may be imprisoned, shall be fixed by the verdict of the jury. Punishment. Killing with dangerous weap SEC. 19. If any person shall unlawfully kill another in the heat of passion, by means of a dangerous weapon, or on. a cruel and inhuman manner, every such person shall be deemed guilty of manslaughter, and upon conviction thereof, shall be imprisoned in the penitentiary, and kept at hard Punishment. Killing on account of culpable neglect. Punishment. Homicide when •Reusable. Duelling to be misdemeanor. labor not more than ten years, nor less than one year. The jury, by their verdict, shall fix the time of such imprisonment within the period aforesaid. SEC. 20. If any person shall unlawfully kill another, without malice, either upon a sudden quarrel, or unintentionally or by any culpable neglect, or criminal carelessness, every such person shall be deemed guilty of manslaughter, and upon conviction thereof, shall be imprisoned in the penitentiary of the territory not more than four years, nor less than one year, the jury by their verdict shall fix the time of such imprisonment within the period aforesaid. SEC. 21. Homjete is excusable in the following cases: First, When canimitted by accident and misfortune; in doing any lawful act, by lawful means with usual and ordinary cition, and without any unlawful intent; Sond, When committed by accident or misfortune in the heat of passion upon any sudden and sufficient provocafion, or upon a sudden combat; Provided, That no undue advantage is taken, nor any dangerous weapon used, and that the killing is not done in a cruel or unusual manner; Third, When resisting any attempt to murder such person, or to commit any felony upon him or her, or upon or in any dwelling house in which such person is; Fourth, When committed in the lawful defense of such person, or his or her husband, wife, parent, brother or sister, child, master, mistress or servant, when there is a reasonable ground to apprehend a design to commit a felony or to do some great bodily or personal injury, and there is imminent danger of such design being accomplished. Fifth, When necessarily committed in attempting by lawful ways and means to apprehend any person for any felony committed; or in lawfully suppressing any riot; or in lawfully keeping and preserving the peace. SEC. 22. If any person hereafter shall willfully and consider high maliciously, or by agreement, fight a duel or single combat, with any engine, instrument or weapon, the probable consequence of which might be the death of either party, and in so doing, shall kill his antagonist, or any person or persons, or shall inflict such wound as that the party injured shall die thereof, within a year and a day thereafter; any such offender, his second, as well as the second of the person killed, and all aiders, abettors and counselors, being thereof duly convicted, shall be considered to have committed a high misdemeanor, and shall be punished by confinement to labor in the penitentiary for any term not exceeding five years nor less than one year. Punishment. Challenge to fight duel. SEC. 23. If any person shall hereafter challenge another to fight a duel with any deadly weapon, or in any manner whatever, the probable issue of which might result in the death of either, or if any person shall accept a challenge, or agree to fight a duel; any person so offending shall, upon conviction thereof, be rendered incapable of Disabilities. holding or being elected to any office of profit, trust, or emolument, either civil or military, under the government of this territory, and be fined in a sum not exceeding five Punishment. hundred dollars. Inffe. Punishment SEC. 24. If any person shall willingly or knowingly, Carrying chalcarry or deliver any written challenge, or verbally deliver any message intended as, or purporting to be a challenge, or shall be present at the fighting of any duel as aforesaid, as second or aid, or give countenance thereto; such person being thereof duly convicted, shall be subject to the same fines and disabilities as are provided in the case of sending a challenge as aforesaid. It shall not be necessary in an indictment against any person, or persons for fighting a duel, or against their seconds, aiders, abettors or counselors, or against any person for sending or accepting a challenge, or what to contain. for carrying any challenge, or delivering any message intended as or purporting to be a challenge, or for being present at the fighting of any duel as second, or for aiding or giving countenance to any duel, or the sending or accepting any challenge, to specify the nature or kind of the engine, instrument, or weapon, with which the duel shall be fought, or intended to be fought, so that it be alleged in Indictment. Poisoning. the indictment, that the engine, weapon, or instrument was deadly, the probable consequence of fighting with which, might be the death of either of the parties. SEC. 25. Any person who shall willfully and maliciously administer, or cause to be administered to, or taken by any person, any poison or other noxious or destructive substance, or liquid, with the intention to cause the death of such person, and being thereof duly convicted, shall be punished by confinement in the penitentiary for a term not less than one year, and not more than ten years; and any person who shall administer, or cause to be administered, or taken, any such poison, substance or liquid, or who shall use, or cause to be used, any instrument of whatsoever kind, with the intention to procure the miscarriage of any woman then being with child, and shall thereof be duly convicted, shall be imprisoned for a term not exceeding three years, in the penitentiary, and fined in a sum not exceeding one thousand dollars; and if any woman by reason of such treatment shall die, the 'person, or persons, administering, or causing to be administered such poison, substance, or liquid, or using or causing to be used, any instrument, as aforesaid, shall be deemed Punishment. guilty of manslaughter, and if convicted, be punished by Abortion. Attempt by a oare abortion on herself. imprisonment for a term not less than three years in the penitentiary, and fined in a sum not exceeding one thousand dollars, unless it appear that such miscarriage was procured or attempted by, or under advice of a physician or surgeon, with intent to save the life of such woman, or to prevent serious and permanent bodily injury to her. SEC. 26. If any woman shall endeavor privately, either woman to pro- by herself or the procurement of others, to cause the death of any issue of her body, male, or female, which if born alive would be illegitimate, so that it may not come to light, whether it shall have been murdered or not; every such mother being convicted thereof, shall suffer imprisonment in the county jail for a term not exceeding one year; Provided, However, that nothing herein contained shall be so construed Punishment. Proviso. |