Page:1887 Compiled Laws of Dakota Territory.pdf/1096

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§§ 6136-6444
PENAL CODE.
Homicide.

Punishment of attempting suicide.
s. 236, Pen. C.

§ 6436. Every person guilty of attempting suicide, or of aiding an attempt at suicide, is punishable by imprisonment in the territorial prison not exceeding two years, or by a fine not exceeding one thousand dollars, or both.

CHAPTER 17.

HOMICIDE.

Section.

6437. Homicide defined.

6438. Homicide classified.

6439. What necessary to conviction.

6440. Petit treason abolished.

6441. Confidential or domestic relation.

6442. Murder defined.

6443. Design to effect death inferred.

6444. Premeditation.

6445. Anger or intoxication no defense.

6446. Act eminently dangerous.

6447. Duel without the territory.

6448. Forcible taking of a mine resulting in killing.

6449. Punishment of murder.

6450. Manslaughter in first degree.

6451. Killing an unborn quick child.

Section.

6452. Procuring destruction of unborn child.

6453. Punishment for manslaughter in first degree.

6454. Manslaughter in second degree.

6455. Owner of mischievous animal.

6456. Navigating vessels.

6457. Persons having charge of steamboats

6458. Person having charge of steam engine.

6459. Liability of physicians.

6460. Person keeping gunpowder.

6461. Punishment for manslaughter in second degree.

6462. Excusable homicide.

6463. Justifiable homicide by officer.

6464. Same by other person.

Homicide defined.
s. 237, Pen. C.

§ 6437. Homicide is the killing of one human being by another.

Homicide classified.
s. 238, Pen. C.

§ 6438. Homicide is either:

1. Murder.

2. Manslaughter.

3. Excusable homicide; or,

4. Justifiable homicide.

What necessary to convict.
s. 239, Pen. C.

§ 6439. 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 doubt.

Petit treason abolished.
s. 240, Pen. C.

§ 6440. The rules of the common law, distinguishing the killing of a master by his servant, and of a husband by his wife, as petit treason, are abolished, and these offenses are deemed homicides, punishable in the manner prescribed by this chapter.

Confidential or domestic relation.
s. 241, Pen. C.

§ 6441. Whenever the grade or punishment of homicide is made to depend upon its having been committed under circumstances evincing a depraved mind or unusual cruelty, or in a cruel manner, the jury may take into consideration the fact that any domestic or confidential relation existed between the accused and the person killed, in determining the moral quality of the acts proved.

Murder defined.
s. 242, Pen. C.

§ 6442. Homicide is murder in the following cases:

1. When perpetrated without authority of law, and with a premeditated design to effect the death of the person killed, or of any other human being.

2. When perpetrated by any act imminently dangerous to others and evincing a depraved mind, regardless of human life, although without any premeditated design to effect the death of any particular individual.

3. When perpetrated without any design to effect death by a person engaged in the commission of any felony.

Design to effect death inferred.
s. 243, Pen. C.

§ 6443. "A design to effect death is inferred from the fact of killing, unless the circumstances raise a reasonable doubt whether such design existed.

Premeditation.
s. 244, Pen. C.

§ 6444. A design to effect death sufficient to constitute murder, may be formed instantly before committing the act by which it is carried into execution.

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