Page:1864-65 Territory of Dakota Session Laws.pdf/91

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PENAL CODE.
79

Section 241. Murder defined.

242. Design to effect death when inferred.

243. Premeditation.

244. Anger or intoxication no defense.

245. Act eminently dangerous, and evincing a depraved mind.

246. Duel fought out of this Territory.

247. Punishment of murder.

248. Manslaughter in the first degree defined.

249. Killing unborn quick child by injury to person of mother.

250. By administering drugs, &c.

251. Punishment of manslaughter in the first degree.

252. Manslaughter in the second degree defined.

253. Liability of owner of mischievous animal.

254. Liability of persons navigating vessels.

255. Liability of persons in charge of steamboats.

256. Liability of persons in charge of steam engines.

257. Liability of physicians.

258. Liability of persons making or keeping gunpowder, contrary to law.

259. Punishment of manslaughter in the second degree.

260. Excusable homicide defined.

261. Justifiable homicide by public officers.

262. Justifiable homicide by other persons.

Sec. 236. Homicide is the killing of one human being by another,

Sec. 237. Homicide is either:

1. Murder;

2. Manslaughter;

3. Excusable homicide; or,

Justifiable homicide.

Sec. 238. No person can be convicted of murder or manslaughter, or of aiding suicide, unless the death of the person alleged to have been killed, and the fact of killing by the accused, are each established as independent facts beyond a reasonable doubts.