CHAPTER LI. OF CRIMES AND MISDEMEANORS-TREASON-MURDER-DU ELS-MANSLAUGHTER- MAIMING ROBBERY-MALICIOUS THREATS-MARRIAGE UNDER DURESS OR BY FORCE-UN- Persons accused of crime have the right to counsel and witnesses in open Court. An acquittal, on a trial of the facts, is a bar to further prosecutions for the same offence. Treason against the State, that is, levying war against it, or adhering to its enemies, giving them aid and comfort, is the highest crime known to our laws, and is punishable by death. Murder in the first degree, that is, the deliberate and premeditated killing of a human being without cause, or the killing of a person while attempting to perpetrate any crime, rape, robbery, or burglary, subjects the offender to imprisonment for life in the State Prison. Murder in the second degree, that is, where the act of killing is done intentionally but without that premeditation and deliberation which distinguish murder in the first degree, is punishable by imprisonment in the State Prison for life, or any number of years, in the discretion of the Court. Fighting a duel, if death ensue, is murder in the first degree. Fighting a duel, although neither party be killed, or offering to fight one, subjects the offender to imprisonment in the State Prison not exceeding ten years, or by fine not exceeding one thousand dollars and imprisonment in the County jail not more than three years, and deprives the offender of the right to hold any office under the laws of this State. The penalties of the law against dueling apply to seconds as well as principals. Indeed, all who in any way encourage the fighting of a duel are subject to heavy penalties. The crime of manslaughter, which consists in the killing of a human being, while under the influence of sudden provocation, or from heating of the blood, or stirring the passions to such an extent as to exclude the idea of malice, is punishable by imprisonment in the State Prison, not more than fifteen years, or by fine not exceeding one thousand dollars. Maiming or disfiguring, or attempting to maim or disfigure another, with malicious intent, or aiding in the commission of the offence, is punishable by imprisonment in the State Prison, not more than ten years, or by fine not exceeding one thousand dollars, or both. at the discretion of the Court. If a person robs another, such robber being armed with a dangerous weapon, with intent, if resisted, to kill or maim the person robbed. or if, being so armed, he shall wound or strike the person robbed, he shall be punished in the State Prison for life, or any number of years. If the robber be not armed, the punishment cannot exceed fifteen years imprisonment. If any person shall maliciously threaten to accuse another of any crime or offence, or to injure the person or property of another, with intent thereby to extort money or any pecuniary advantage, or with intent to compel the person so threatened to do any act against his will, he shall be punished by imprisonment in the State Prison, or in the County Jail, not exceeding two years, or by fine not exceeding one thousand dollars. If any person shall take any woman unlawfully and against her will, and by force, menace or duress, compel her to marry him or any other person, he shall be punished by imprisonment in the State Prison for life or any term of years. Imprisoning a person without lawful authority, or forcibly carrying such person out of the State, subjects the offender to imprisonment in the State Prison for a term not exceeding ten years, or by fine not exceeding one thousand dollars. The law against seduction, rape, and kindred crimes, is justly very severe, the penalty being imprisonment in the State Prison. To entice a girl under the age of sixteen years, away from father, mother, guardian, or other person having legal charge of her, for lustful or other base purposes, or for marriage, subjects the offender to imprisonment in the State Prison not exceeding three years, or by imprisonment in the county jail not exceeding one year, or by fine not exceeding one thousand dollars. Questions. To what have persons accused of crime, a right? What is the effect of an acquittal ? What is treason against the State? What is the penalty? Define murder, and state the penalty therefor. What is murder in the second degree? The penalty? What is said of dueling? Of challenges to fight duels? To what parties does the law against dueling apply? What is manslaughter? The punishment therefor? What is maiming? What is the penalty there for? What is said of robbery? Of malicious threats? What is the penalty for compelling a woman to marry against her will? What is the penalty for unlawfully imprisoning or carrying a person out of the State? CHAPTER LII. . OF CRIMES AND MISDEMEANORS, CONTINUED-ATTEMPTS TO PARENTS OR OTHERS-ABANDONMENT OF CHILDREN- Mingling poison with food, drink or medicines; to take or to entice away any child under the age of twelve years, with intent to detain or conceal such child from its parent, guardian, or other person having the lawful charge of such child, are crimes punishable by imprisonment in the State Prison not more than ten years, or by imprisonment in the County Jail not more than one year, or by fine not exceeding one thousand dollars. Any person having a child under six years of age in charge, who shall expose such child in any street, field, town, or other place, with intent to abandon it, he or she shall be punished by imprisonment in the State Prison not more than ten years. Pointing a gun at another, intentionally, but without malice, subjects the offender to a fine of not less than five nor more than fifty dollars. If in such case the gun be discharged, without injury, the offender is liable to a fine of not less than one hundred dollars or imprisonment in the County Jail not to exceed one year, or both, at the discretion of the Court. If death ensue from such discharge, the offence is deemed manslaughter. The statute makes provision for the punishment of persons who attempt to commit crime, even though they may fail to accomplish their purpose; and such punishment is graded according to the gravity of the crime attempted. Questions. —What is said with reference to mingling poison with food, drink, or medicine? Of enticing children away from parents or guardians? Of the careless use of fire-arms? Is there any punishment prescribed for attempting to commit crime? CHAPTER LIII. OF OFFENSES AGAINST PROPERTY-BURNING BUILDINGS AND OTHER PROPERTY-HOUSE-BREAKING, &C. LARCENY RECEIVING STOLEN GOODS—EMBEZZLEMENT. Maliciously burning a dwelling-house of another in the night-time, if any person be lawfully within such house at the time, subjects the offender to imprisonment in the State Prison for life. If no person be in such house, or if the dwelling be burned in the day-time, the punishment is imprisonment for any term of years, to be fixed by the Court. Maliciously burning in the night-time, any meeting-house, church, court-house, college, academy, jail, railroad depot, or other public building erected for public use; or any banking-house, warehouse, store, manufactory, or mill of another, being, with the property therein contained, of the value of one thousand dollars, subjects the offender to imprisonment in the State Prison for any term of years. If the burning be in the day-time, the imprisonment cannot exceed ten years. It is unlawful to burn any bridge, lock, dam, or flume, or any ship, boat, or vessel of another, or to burn any wood, |