Page:1864-65 Territory of Dakota Session Laws.pdf/69

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PENAL CODE.
57

4. To leave the jury room without the leave of such court, or magistrate first obtained,

Is guilty of a misdemeanor.

CHAPTER II.

OF RESCUES.

Section 134. Retaking prisoners.

135. Retaking goods from custody of officer.

Sec. 134. Every person who by force or fraud rescues or attempts to rescue, or aids another person in rescuing or in attempting to rescue any prisoner from any officer or other person having him in lawful custody, is punishable as follows:

1. If such prisoner was in custody upon a charge of conviction of felony, by imprisonment in the territorial prison for not less than ten years;

2. If such prisoner was in custody otherwise than upon a charge or conviction of felony, by imprisonment in a county jail not exceeding one year, or by fine not exceeding five hundred dollars, or by both such fine and imprisonment.

Sec. 135. Every person who willfully injures or destroys, takes or attempts to take, or assists any other person in taking or attempting to take from the custody of any officer or person, any personal property which such officer or person has in charge under any process of law, is guilty of a misdemeanor.

CHAPTER III.

OF ESCAPES, AND AIDING THEREIN.

Section 136. Re-arrest of escaped prisoners.

137. Escape from territorial prison.

138. Attempt to escape from territorial prison.

139. Escape from other than territorial prison.

140. Attempt to escape from other than territorial prison.

141. Assisting prisoner to escape from prison.