SEC. 785. There shall be no crime known under the name of murder in the second degree; but on trials for murder the jury may find the prisoner guilty of manslaughter. SEC. 786. Whoever shall be convicted of manslaughter shall be fined in a sum not exceeding two thousand dollars, and imprisoned at hard labor not exceeding twenty years. SEC. 787. Whoever shall commit a rape shall, on conviction thereof, suffer death. Whoever shall administer any poison to any person with intent to commit murder, shall, on conviction therefor, suffer death. Whoever shall attempt to administer poison, or administer or attempt to administer any drug, chemical preparation, potion or thing whatever, with the intent to commit murder or rape, shall, on conviction therefor, be imprisoned at hard labor for not less than five years nor more than twenty years. (As reënacted by Act 1878, No. 24, p. 45.) Act 1870, Ex. S., p. 50, sec 5. SEC. 788. Whoever shall be convicted of the destestable and abomPunishment of inable crime against nature, committed with mankind or beast, shall crime against suffer imprisonment at hard labor for life. nature. Incest. Shooting, stabbing with in wait or attempt certain cr mes. other SEC. 789. Whoever shall commit the crime of incest shall, on conviction thereof, suffer imprisonment at hard labor for life. 30 A. 846. SEC. 790. If any person lying in wait. or in the perpetration or attent to murder, tempt to perpetrate any arson, rape, robbery or burglary, shall shoot, while lying in cut, stab, strike or thrust any person with a dangerous weapon, with ing to commit the intent to commit the crime of murder, he shall, on conviction thereof, be punished with death. (As reënacted by Act 1882, No. 24.) Act 1870, Ex. Ses., p. 49, No. 8, sec. 5, 6; 33 A. 1224. SEC. 791. Whoever shall shoot, stab or thrust any person with a dangerous weapon, with intent to commit murder, under any other circumstances than those mentioned in the preceding section, shall, on conviction, suffer imprisonment at hard labor, or otherwise, for not less than one nor more than twenty-one years, Shooting or stabbing with intent to murder. Assault with intent to com. mit murder, 35 A. 53, 729. SEC. 792. Whoever shall assault another by wilfully shooting at him, or, with intent to commit murder, rape or robbery, shall, on conrape or robbery. Viction thereof, be imprisoned at hard labor not exceeding two years. Act 1-70, Ex. S. p. 49, No. 8-shooting at church, etc.; Ibid, p. 86, No. 58-car drivers; 34 A. 529. Assault with a dangerous wea SEC. 793. Whoever shall, with a dangerous weapon or with intent pon or with in. to kill, make an assault upon another person, in the peace of the State then being, shall, on due conviction thereof, suffer fine or imprisonment, or both, at the discretion of the court. tent to kill. 35 A. 835. SEC. 794, Whoever shall, with a dangerous weapon or with intent wound less to kill, inflict a wound less than mayhem upon another person, shall Inflicting a on conviction, be imprisoned not exceeding two years nor less than than mayhem with dangerous six months, with or without hard labor, and fined not exceeding one weapon, or witq thousand dollars. 30 A. 1162; 35 A. 53, 729, 835 intent to kill. Biting, maim SEC. 795. If any person, with malice aforethought, shall cut or bite off an ear, cut out or disable the tongue, while fighting or otherwise, g, etc. slit, cat or bite off the nose or lip, or cut off or disable any limb or member of any person, with intention in so doing to maim, disable or disfigure him, he shall, on conviction, pay a fine not exceeding one thousand dollars, and be imprisoned at hard labor not exceeding seven years. 30 A. 1329. Assault and SEC. 796. Whoever shall be guilty of assaulting and beating, wounding, short of maiming, or of falsely imprisoning any person, shall, on battery. conviction thereof, suffer a fine or imprisonment, or both, at the dis- False imprison cretion of the court. Act 1870, Ex. S., p. 49, sec. 8-conspiracy; 30 A. 1162. ment. SEC. 737. Whoever shall be guilty of assaulting any person shall suffer fine not exceeding one hundred dollars, or imprisonment not Assault. exceeding three months, or both, at the discretion of the court. Putting out SEC. 798. If any person, with malice aforethought, shall put out an eye of any person, while fighting or otherwise, with intent to disfigure or blind him, he shall, on conviction thereof, be fined not exceeding eyes. two thousand dollars, and imprisoned at hard labor for not less than seven nor more than fourteen years. SEC. 799. Whoever shall be guilty of an affray, on conviction, shall be punished by fine or imprisonment, or both, at the discretion of the Affray. court. Act 1878, No. 7, p. 45. See riots, unlawful assembly. SEC. 800. If any married peson shall marry, the former husband or wife being alive, the one so offending shall, on conviction, pay a fine Bigamy. not exceeding five hundred dollars, and be imprisoned not exceeding two years. The provisions of this section shall not extend to any person whose husband or wife shall absent himself or herself from the other for the space of five years, the one not knowing the other to be living within that time; nor to any person who shall be at the time of such marriage divorced by competent authority; nor to any person whose former marriage, by sentence of competent authority, shall have been declared void. C. C. 80 (81); D. sec. 1197, 1720, 2210. 31 A. 691. SEC. 801. If any person shall voluntarily engage in a duel with rapier or small sword, back sword, pistol or other dangerous weapon, Fighting a duel to the hazard of life, and death shall ensue, the survivor shall, conviction, suffer death; and all and every person aiding and abetting in which death upon en sues. Penalty for challenging to fight a duel, or acting as second, or aiding and abetting therein. Penalty for ac. cepting a chal lenge to fight a duel or acting as second, agent or abet. tor. Libel. Kidnapping persons. Kidnapping children of certain ages. Attempt to procure premature delivery or abortion. Robbery. as second, agent or abettor, shall, on conviction, be punished as ac· cessories before the fact in murder. SEC. 802. Whoever shall by word, message or in any other manner, challenge another to fight in a duel, and whoever shall knowingly be a second, challenger, agent or abettor in such challenge, upon conviction shall be punished by fine not exceeding two hundred dollar and imprisonment not exceeding two years. SEC. 803. Whoever shall accept a challenge to fight a duel; who ever shall knowingly be a second, agent or abettor in such acceptance, upon conviction, shall be punished by fine not exceeding one hundred dollars and imprisonment not more than one year. SEC. 804. Whoever shall maliciously defame any person by mak ing, writing, publishing or causing to be published, any manner of libel, shall, on conviction thereof, suffer fine or imprisonment, or both, at the discretion of the court. D. sec. 123, 3643. SEC. 805. Whoever shall forcibly seize and carry out of this State, or from one part of this State to another, or shall imprison or secrete any person, without authority of law, and all persons aiding, advising or abetting therein, on conviction, shall be imprisoned at hard labor, or otherwise, for a period not exceeding five years, at the discretion of the court. SEC. 806. Whoever shall take, with or without his consent, any male child under the age of fourteen years, or any female child under the age of twelve years, from the custody of his or her parent, tutor or guardian, without authority of law, and all persons aiding, advising or abetting therein, on conviction, shall be imprisoned at hard labor, or otherwise, for a period not exceeding five years. SE.C 807. Whoever shall feloniously administer or cause to be administered any drug, potion or any other thing to any woman, for the purpose of procuring a premature delivery, and whoever shall administer or cause to be administered to any woman pregnant with child any drug, potion or any other thing, for the purpose of procuring abortion or a premature delivery, shall be imprisoned at hard labor, for not less than one nor more than ten years. SEC. 808. (Excluding from schools any person lawfully entitled to attend.) Repealed, D. sec. 1297; Act 1869, p. 175; Act 1877, Ex. S., No. 23, p. 28. See Act 1870, No. 58, p. 86-car drivers; injury to persons; felony. OFFENCES AGAINST PROPERTY. SEC. 809. Whoever shall commit the crime of robbery shall, on conviction, suffer imprisonment at hard labor for not more than four teen years. Act 1870, Ex. S, p. 50, sec. 5; Act 1855, p. 130. rights and SEC. 810. The robbery or larceny of bank notes, obligations or bonds; bills obligatory, or bills of exchange, [promissory notes for the Robbery of payment of any specific property, paper bills of credit, certificates credits. granted by or under the authority of this State or of the United States, or any of them, shall be punished in the same manner as robbery or larceny of goods and chattels. SEC. 811. Whoever shall be found guilty of attempting to rob, from the person of another, money or other property, by cutting or tearing the clothes, thrusting the hand into the pockets, or otherwise, though he do not succeed in such attempted robbery, shall, on conviction, be sentenced to imprisonment not less than six months nor more than two years, and fined not exceeding five hundred dollars.. SEC. 812. Whoever shall be guilty of larceny shall be imprisoned at hard labor, or otherwise, not exceeding two years. Pickpockets. Larceny. Act 1874, p. 222, No. 124, sec. 83; 23 A. 21; 34 A. 946; 35 A. 45. SEC. 813. Whoever, by any false pretense, shall obtain, or aid and assist another in obtaining, from any person, money or any property, Obtaining money or property with intent to defraud him of the same, shall, on conviction, be pun- by false pretenished by imprisonment, at hard labor, or otherwise, not exceeding twelve months. D. sec. 410, 783, 2621, 3921; see cheating, weights and measures; D. sec. 3921; Act 1870, Ex. S., p. 49, No. 8, sec. 4. ses. *SEC. 814. Whoever shall steal any horse, ass or mule, shall suffer Stealing horses, imprisonment at hard labor not less than one year nor more than asses or mules. five years. animals. SEC. 815. Whoever shall wantonly or maliciously kill any horse, Malicious k Act 1870, Ex. S., p. 49, No. 8, sec. 3-injury to stock: Act 1830, No. 44; imals. SEC. 816. Whoever shall wantonly or maliciously cruelly beat, maim, Beating or disable, starve or otherwise ill treat any domesticated animal, includ- maiming aning those specified in the foregoing section, shall, upon conviction, be fined not exceeding one hundred dollars, or imprisoned not exceeding three months, or both, at the discretion of the court. (As reenacted by Act 1879, No. 24, p. 38.) Act 1880, No. 44; Act 1870, Ex. S., No. 8, sec; 3 p. 50. SEC. 817. Whoever shall cut, pull down, burn, destroy or carry away any tree, wood or timber, growing or lying on the land of another, or Trespass by cutting timber, cause the same to be done, without the consent of the owner or legal etc. possessor, on conviction, shall pay a fine of not less than five nor more Trespass on lands and tenements. Trespass on lands belong. than five hundred dollars-one-third for the benefit of the owner or legal possessor of the land; one-third for the benefit of the parish, and onethird to the district attorney. Nothing contained in this section shall take away or impair the right to damages or other legal remedy which the party injured may now have under the laws of this State. D. sec. 827. SEC. 818. Whoever shall take possession of any tract of land or any part thereof, or of any house or other tenement, being the property of another person, without any legal right so to do (and whose possession shall not have continued for one year without disturbance), shall wilfully and maliciously burn, tear down or otherwise destroy the enclosure or fences around the field or lot of ground belonging to any person, shall, on conviction, be fined not less than fifty dollars nor more than one thousand dollars, or imprisoned not less than ten days, nor more than six months, or both, at the discretion of the court. Act 1870, Ex. S., p. 50, No. 8, sec. 2. SEC. 819. Whoever shall cut down, or destroy or remove for sale, the timber on any land belonging to the State, shall, upon convicing to the State. tion, be condemned to pay a fine of not less than fifty nor more than one thousand dollars, and in default of the same be sentenced to imprison ment not less than ten days nor more than one year. It shall be the duty of the registers of the State land offices, of the swamp-land commissioners and of the swamp-land engineers, to report all trespassers to the district attorney of the district, and to furnish him with such evidence as may be in their possession. It shall also be the duty of the several district judges of this State, at each regular session of their courts, to charge the grand juries specially to inquire into trespasses upon public lands belonging to this State and on the provisions of this section. Judges to charge grand juries. D. sec. 2967, 2969. SEC. 819. (Oyster fisheries.) Act 1870, p. 43, No. 18; Act 1871, No. 91 p. 207. SEC. 820, It shall not be necessary in any indictment or information for violations of the preceding sections of this act, to charge the Allegations in indictment and particular section or quarter section on which the offence was comproof thereof. mitted, but it shall suffice to allege the township only; and if proof is that the act was committed on swamp or overflowed land, the presumption shall be that it belongs to the State; the burden of proof being on the defendant that it was not the property of the State. SEC 821. It shall not be lawful for any person or persons to carry fire arms on the premises or plantations of any citizen, without the |