2. The terms felony and crime, are, within the meaning of the provisions of this code, synonymous, and mean such offenses as are punishable with death, or imprisonment for a longer period than two years, or by the forfeiture of any civil or political right, and also larceny. Any offense not appearing to be a felony or crime is a misdemeanor.

3. Malice in respect to the commisssion of any offense, except in cases where it is otherwise expressly provided or plainly intended, includes not only hatred, ill will, and desire of revenge; but cruelty of disposition or temper; and also a motive or desire of gain or advantage to the offender or another; or of doing a wrong or injury to any person or persons, or to the public. It also includes the acting with a heedless, reckless disregard or gross negligence of the life or lives, the health or personal safety, or legal rights or privileges of another or others, many or few, known or unknown: also the willful violation of a legal duty or obligation, and willful contravention of law.

4. Each of the terms or and and, has the meaning of the other or of both, where the subject matter, sense and connection require such construction.

5. Words in the masculine gender, signify both the masculine and feminine gender, and those in the singular or plural number signify both the singular and plural number, and words importing adults, signify youths or children, where, from the subject matter, the sense, and the connection in which the words are used, such construction appears to be intended.

6. Words importing persons, for instance, another, others, any, any one, anybody, and the like, signify not only persons, but corporations, societies, communities, assemblies, inhabitants of a district or neighborhood, or persons known or unknown, and the public generally where it appears, from the subject matter, the sense, and the connection in which such words are used, that such construction is intended.

CHAPTER II.

GENERAL PROVISIONS.

CONTENTS.

SECTION 1. No person subject to punishment but on due and legal conviction. 2. Indictment.

3. Right of the accused to meet the witnesses and be heard.

4. Conviction in a case in which the accused has a right of trial by

jury.

5. But one trial on the merits is to be had for the same offense.

6. Presumption of innocence.

7. The natural consequences of acts are presumed to be intended.

8. Criminal prosecution does not take away the right of civil action.
9. Fines appropriated to the government.

1. No person shall be subject to punishment for any offense, except on due and legal conviction thereof in a court having jurisdiction of the case.

2. No person shall be subject to be tried and sentenced, to be punished in any court, for an alleged offense, unless upon indictment, except for offenses within the jurisdiction of a police court or district justice, or in summary proceedings for contempt.

3. In the trial of any person on the charge of any offense, he shall have a right to meet the witnesses, who are produced against him, face to face; to produce witnesses and proofs in his own favor; and by himself or his counsel, to examine the witnesses produced by himself, and cross-examine those produced against him; and to be heard in his defense.

4. No person shall be convicted of any offense, for which by law he is entitled to trial by jury, unless on confession thereof in open court, or admission thereof by his plea, or by the verdict of the jury.

5. No person shall be required to answer again for an offense, for which he has once been duly convicted, or of which he has been duly acquitted upon a good and sufficient indictment.

6. A party accused shall be presumed innocent; and in case his guilt is not satisfactorily shown, be acquitted.

7. Every one shall be presumed to intend the natural and plainly probable consequences of his acts.

8. A criminal prosecution for an offense shall not destroy the right of action by the party injured thereby, unless it be expressly so provided.

9. Every fine and forfeiture of property imposed as a punishment for any offense, or for a violation or neglect of any duty, where no other appropriation is expressly made, shall accrue and be appropriated to the government.

1

3. An offense committed partly within and partly without the kingdom.
4. Nothing in this chapter contained to be construed contrary to the law

of nations.

1. All persons, whether subjects of this kingdom, or citizens or subjects of any foreign state, government or country, are, while within the limits of this kingdom, subject to its laws, except so far as exception is made by the law of nations in respect to ambassadors or others.

2. Where an act is done or a fact or effect takes place within this kingdom, affecting the welfare of the kingdom, or the personal safety, the property or rights of any of its inhabitants, being within this kingdom, any person causing, procuring, machinating or promoting the same, or, instigating another thereto, or aiding or assisting therein, is amenable to the laws of this kingdom, whether he be at the time within or without its limits.

3. Where the commission of an offense commenced without this kingdom is consummated within it, the offender is subject to be prosecuted and punished therefor in this kingdom.

4. Nothing in this chapter contained shall be construed contrary to the law and usages of nations.

CHAPTER IV.

CAPACITY AND RESPONSIBILITY FOR OFFENSES.

CONTENTS.

SECTION 1. Infant under seven years of age.

2. Infant from seven to fourteen.

3. An idiot.

4. An insane person.

5. Compulsion.

1. An infant, under seven years of age, shall be deemed incompetent to commit an offense.

2. Between the ages of seven and fourteen years, competency to commit any alleged offense, and the fact that the accused acted with intelligence and understanding of the nature of the act, shall be determined by the evidence of the case, without any general presumption for or against the same.

3. Any person who, by reason of his idiocy or mental imbecility, is not competent to discern the nature and criminality of an act done by him, shall not be held criminally responsible for such act.

4. Any person acting under mental derangement, rendering him incompetent to discern the nature and criminality of an act done by him, shall not be subject to punishment therefor: Provided, however, that if any such person, while capable of discerning the nature and criminality of any act, entertained the intent to do the same, and subsequently does it in pursuance and execution of such intent, he shall be held responsible therefor, though the same be done in such state of mental derangement; and so also if any person voluntarily