Page:United States Statutes at Large Volume 30.djvu/1292

1254	FIFTY-FIFTH CONGRESS. Sess. III. Ch. 429. 1899.
Manslaughter.	Sec. 6. That whoever unlawfully kills another, except as provided in the last three sections, is guilty of manslaughter, and shall be imprisoned in the penitentiary not more than twenty nor less than one year.
Procuring another to commit self-murder.	Sec. 7. That if any person shall purposely and deliberately procure another to commit self-murder or assist another in the commission thereof, such person shall be deemed guilty of manslaughter, and shall be punished accordingly.
Administering medicine, etc., to pregnant women.	Sec. 8. That if any person shall administer to any woman pregnant with a child any medicine, drug, or substance whatever, or shall use any instrument or other means, with intent thereby to destroy such child, unless the same shall be necessary to preserve the life of such mother, such person shall, in case the death of such child or mother be thereby produced, be deemed guilty of manslaughter, and shall be punished accordingly.
Physicians administering poison, etc., while in a state of intoxication.	Sec. 9. That if any physician, or any per on acting as or pretending to be a physician, while in a state of intoxication, shall, without a design to effect death, administer any poison, drug, or medicine, or do any other act to another person which shall produce the death of such other, such physician shall he deemed guilty of manslaughter, and shall be punished accordingly.
Negligent homicide.	Sec. 10. That every killing of a human being by the culpable negligence of another, when such killing is not murder in the first or second degree, or is not justifiable or excusable, shall be deemed manslaughter, and shall be punished accordingly.
When killing of a human is justifiable.	Sec. 11. That the killing of a human being is justifiable, when committed by public officers or those acting in their aid and assistance and by their command, either First. In obedience to the judgment of a competent court; Second. When necessarily committed in overcoming resistance to the execution of legal process or to the discharge of a legal duty; Third. When necessarily committed in retaking persons charged with or convicted of crime who have escaped or been rescued; or Fourth. When necessarily committed in arresting a person fleeing from justice who has committed a felony.
Same Subject.	Sec. 12. That the killing of a human being is also justifiable when committed by any person as follows: First. To prevent the commission of a felony upon such person or upon his or her husband, wife, parent, child, master, mistress, or servant; Second. To prevent the commission of a felony upon the property of such person, or upon property in his possession, or upon or in any dwelling house where such person may be; Third. In the attempt, by lawful ways and means, to arrest a person who has committed a felony, or in the lawful attempt to suppress a riot or preserve e peace.
When killing of a human being excusable.	Sec. 13. That the killing of a human being is excusable when committed; First. By accident or misfortune in lawfully correcting a child, or in doing any other lawful act, by lawful means, with usual and ordinary caution and without any unlawful intent; or, Second. By accident or misfortune in the heat of passion, upon a sudden and sufficient provocation, or upon a sudden combat, without premeditation or undue advantage being taken, and without any dangerous weapon or thing being used, and not done in a cruel or unusual manner.
Rape.	Sec. 14. That whoever has carnal knowledge of a female person, forcibly and against her will, or, being sixteen years of age, carnally knows and abuses a female person under sixteen years of age, with her consent, is guilty of rape
Punishment for rape.	Sec. 15. That a person convicted of rape upon his daughter, or sister, or a female person under twelve years of age, shall be imprisoned in the penitentiary during life; and a person convicted of rape upon any