Page:1887 Compiled Laws of Dakota Territory.pdf/1102

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§§ 6485-6493
PENAL CODE.
Duels and Challenges.

Value of property not material
s. 285, Pen. C.

§ 6485. When property is taken under the circumstances required to constitute robbery, the fact that the property was of trifling value does not qualify the offense.

Taking secretly not robbery.
s. 286, Pen. C.

§ 6486. The taking of property from the person of another is not robbery, when it clearly appears that the taking was fully completed without his knowledge.

Two degrees of robbery.
s. 287, Pen. C.

§ 6487. Robbery, when accomplished by the use of force, or of putting the person robbed in fear of some immediate injury to his person, is robbery in the first degree. When accomplished in any other manner, it is robbery in the second degree.

Punishment for first degree.
s. 288, Pen. C.

§ 6488. Every person guilty of robbery in the first degree is punishable by imprisonment in the territorial prison not less than ten years.

Punishment of second degree.
s. 289, Pen. C.

§ 6489. Every person guilty of robbery in the second degree is punishable by imprisonment in the territorial prison not exceeding ten years.

Robbery by two or more persons.
s. 290, Pen. C.

§ 6490. Whenever two or more persons conjointly commit or more persons. a robbery, or where the whole number of persons conjointly committing a robbery, and persons present and aiding such robbery, amount to two or more, each and either of such persons is punishable by imprisonment for life.

CHAPTER 22.

Section.

6491. Assault with intent to commit felony, with deadly weapon.

Section.

6492. Other assaults.

6493. Administering drug.

Assault with deadly weapon with intent to commit felony.
s. 291, Pen. C.

§ 6491. Every person who shoots or attempts to shoot at another with any kind of fire arm, air gun, or other means whatever, or commits any assault or battery upon another by means of any deadly weapon, or by such other means or force as was likely to produce death, with intent to commit any felony other than assault with intent to kill, or in resisting the execution of any legal process, is punishable by imprisonment in the territorial prison not exceeding ten years.

Other assaults with intent to commit felony.
s. 292, Pen. C.

§ 6492. Every person who is guilty of an assault with intent to commit any felony, except an assault with intent to kill, the punishment for which assault is not prescribed by the preceding section, is punishable by imprisonment in the territorial prison not exceeding five years, or in a county jail not exceeding one year, or by a fine not exceeding five hundred dollars, or by both such fine and imprisonment.

Administering drug.
s. 293, Pen. C.

§ 6493. Every person guilty of administering to another any chloroform, ether, laudanum, or other intoxicating, narcotic or other anesthetic agent, with intent thereby to enable or assist himself or any other person to commit any felony, is guilty of felony.

CHAPTER 23.

DUELS AND CHALLENGES.

Section.

6494. Duel defined.

6495. Punishment for fighting duel.

6496. Incapable of holding office.

6497. Seconds, aids and surgeons.

6498. Punishment for sending challenge.

6499. Challenge defined.

Section.

6500. Attempts to induce challenge.

6501. Posting person for not fighting duel.

6502. Leaving territory to evade laws.

6503. Person may be tried, when.

6504. Privilege of witnesses.

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