Page:1887 Compiled Laws of Dakota Territory.pdf/1166

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§§ 6953-6966
PENAL CODE.
General Provisions.

Juvenile offenders.
s. 761, Pen. C.

§ 6953. Whenever any person under the age of sixteen years is convicted of an offense punishable by imprisonment in the territorial prison, the court before whom such conviction was had may, in its discretion, sentence the person so convicted to imprisonment in the county jail of the county in which such conviction was had.

Fine may be added to imprisonment.
s. 762, Pen. C.

§ 6954. Upon a conviction for any crime punishable by imprisonment in any jail or prison, in relation to which no fine is herein prescribed, the court may impose a fine on the offender not exceeding two hundred dollars in addition to the imprisonment prescribed.

Civil rights suspended.
s. 763, Pen. C.

§ 6955. A sentence of imprisonment in the territorial prison for any term less than for life, suspends all the civil rights of the person so sentenced, and forfeits all public offices, and all private trusts, authority or power, during the term of such imprisonment.

Civil death.
s. 764, Pen. C.

§ 6956. A person sentenced to imprisonment in the territorial prison for life, is thereafter deemed civilly dead.

Person of convict protected.
s. 765, Pen. C.

§ 6957. The person of a convict sentenced to imprisonment in the territorial prison is under the protection of the law, and any injury to his person, not authorized by law, is punishable in the same manner as if he was not convicted or sentenced.

Conviction does not work forfeiture.
s. 766, Pen. C.

§ 6958. No conviction of any person for crime works any forfeiture of any property, except in the cases of any outlawry for treason, and other cases in which a forfeiture is expressly imposed by law.

Testimony-Privilege of witnesses and perjury.
s. 767, Pen. C.

§ 6959. The various sections of this code which declare that evidence obtained upon the examination of a person as a witness shall not be received against him in any criminal proceeding, do not forbid such evidence being proved against such person upon any proceedings founded upon a charge of perjury committed in such examination.

Definition of terms.
s. 768, Pen. C.

§ 6960. Wherever the terms mentioned in the following sections are employed in this code, they are deemed to be employed in the senses hereafter affixed to them, except where a different sense plainly appears.

Wilfully defined.
s. 769, Pen. C.

§ 6961. The term "wilfully," when applied to the intent which an act is done or omitted, implies simply a purpose or willingness to commit the act or the omission referred to. It does not require any intent to violate law, or to injure another, or to acquire any advantage.

Neglect-Negligence.
s. 770, Pen. C.

§ 6962. The terms “neglect," negligence," negligent," and "negligently," when so employed, import a want of such attention to the nature or probable consequences of the act or omission as a prudent man ordinarily bestows in acting in his own concerns.

Corruptly.
s. 771, Pen. C.

§ 6963. The term "corruptly" when so employed, imports a wrongful design to acquire some pecuniary or other advantage to the person guilty of the act or omission referred to.

Malice-Malicious.
s. 772, Pen. C.

§ 6964. The terms "malice” and “maliciously," when so employed, import a wish to vex, annoy or injure another person, established either by proof or presumption of law.

Knowingly.
s. 773, Pen. C.

§ 6965. The term “knowingly," when so applied, imports only a knowledge that the facts exist which bring the act or omission within the provisions of this code. It does not require any knowledge of the unlawfulness of such act or omission.

Bribe.
s. 774, Pen. C.
§ 6966. The term “bribe” signifies any money, goods, right in action, property, thing of value or advantage, present or

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