which are in themselves criminal, or which, if executed, would amount to a cheat, or to obtain money or any other property by false pretenses; or

5. To prevent another from exercising a lawful trade or calling, or doing any other lawful act, by force, threats, intimidation, or by interfering or threatening to interfere with tools, implements, or property belonging to or used by another, or with the use or employment thereof; or

6. To commit any act injurious to the public health, to public morals, or to trade or commerce, or for the perversion or obstruction of justice, or of the due administration of the laws;

Each of them is guilty of a misdemeanor.

3 R. S. 970, § 8.

§ 169. Conspiracies against peace, etc. If two or more persons, being out of this state, conspire to commit any act against the peace of this state, the commission or attempted commission of which, within this state, would be treason against the state, they are punishable by imprisonment in a state prison not exceeding ten years.

§ 170. No other conspiracies punishable. No conspiracy is punishable criminally unless it is one of those enumerated in the last wo sections, and the orderly and peaceable assembling or co-operation of persons employed in any calling, trade or handicraft for the purpose of obtaining an advance in the rate of wages or compensation, or of maintaining such rate, is not a conspiracy.

171. Overt act, when necessary. No agreement except to commit a felony upon the person of another, or to commit arson or burglary, amounts to a conspiracy, unless some act beside such agreement be done to effect the object thereof, by one or more of the parties to such agreement.

§ 171 "A". [added 1887.] Coercion by employers. Ary person or persons, employer or employers of labor, and any person or persons of any corporation or corporations on behalf of such corporation or corporations, who shall hereafter coerce or compel any person or persons, employee or employees, laborer or mechanic, to enter into an agreement, either written or verbal from such person, persons, employee, laborer or mechanic, not to join or become a member of any labor organization, as a condition of such person or persons securing employment, or continuing in the employment of any such person or persons, employer or employers, corporation or corporations, shall be deemed guilty of a misdemeanor.

§ 2. The penalty for such misdemeanor shall be imprisonment in a penal institution for not more than six months, or by a fine of not more than $200, or by both such fine and imprisonment.

CHAPTER I. Suicide.

II.

III.

TITLE IX.

OF CRIMES AGAINST THE PERSON.

Homicide.

Maiming.

CHAPTER IV. Kidnapping. CHAPTER VII. Duels and

§ 172. Suicide defined. Suicide is the intentional taking of one's own life.

§ 173. No forfeiture imposed for suicide. Although suicide is deemed a grave public wrong, yet from the impossibility of reaching the successful perpetrator, no forfeiture is imposed.

3 R. S. 994, § 42.

§ 174. Attempting suicide. A person who, with intent to take his own life, commits upon himself any act dangerous to human life, or which, if committed upon or towards another person and followed by death as a consequence, would render the perpetrator chargeable with homicide, is guilty of attempting suicide.

§ 175. Aiding suicide. A person who willfully, in any manner, advises, encourages, abets, or assists another person in taking the latter's life, is guilty of manslaughter in the first degree.

3 R. S. 992, § 7.

§ 176. Abetting an attempt at suicide. A person who willfully, in any manner, encourages, advises, assists or abets another person in attempting to take the latter's life, is guilty of a felony.

§ 177. Incapacity of person aided, no defense. It is not a defense to a prosecution under either of the last two sections, that the person who took, or attempted to take, his own life, was not a person deemed capable of committing crime.

§ 178. Punishment of attempting suicide. Every person guilty of attempting suicide is guilty of a felony, punishable by imprisonment in a state prison not exceeding two years, or by a fine not exceeding one thousand dollars, or both.

201. Liability of persons making or keeping gunpowder contrary to law. 202. Punishment of manslaughter in second degree.

203. Homicide, when excusable.

204. Justifiable homicide.

205. Same.

$179. Homicide defined. Homicide is the killing of one human being by the act, procurement or omission of another.

3 R. S. 932, § 1.

§ 180. Different kinds of homicide. Homicide is either

1. Murder;

2. Manslaughter;

3. Excusable homicide; or,

4. Justifiable homicide.

§ 181. What proof of death is required. No person can be con victed of murder or manslaughter unless the death of the person alleged to have been killed and the fact of killing by the defendant, as alleged, are each established as independent facts; the former by direct proof, and the latter beyond a reasonable doubt.

§ 182. Common law petit treason is homicide. The rules of the common law, distinguishing the killing of a master by his servant, and of a husband by his wife, as petit treason, are abolished ·

and those homicides are punishable, when not justifiable or excus able, as prescribed by this Code.

8 R. S. 929, § 8.

§ 183. Murder in first degree defined. The killing of a human being, unless it is excusable or justifiable, is murder in the first degree, when committed, either

1. From a deliberate and premeditated design to effect the death of the person killed, or of another; or

2. By an act imminently dangerous to others, and evincing a depraved mind, regardless of human life, although withont a premeditated design to effect the death of any individual; or without a design to effect death, by a person engaged in the commission of, or in an attempt to commit a felony, either upon or affecting the person killed or otherwise; or

3. When perpetrated in committing the crime of arson in the first degree.

3 R. S. 928, § 5.

184. Id.; second degree. Such killing of a human being is murder in the second degree, when committed with a design to effect the death of the person killed, or of another, but without deliberation or premeditation.

3 R. S. 928, § 5.

§ 185. Duel fought out of this state. A person who, by previous appointment made within the state, fights a duel without the state, and in so doing inflicts a wound upon his antagonist, whereof the person injured dies; or who engages or participates in such a duel, as a second or assistant to either party, is guilty of murder in the second degree, and may be indicted, tried and convicted in any county of this state.

8 R. S. 928, § 6.

§ 186. Punishment of murder in first degree. Murder in the first degree is punishable by death.

3 R. S. 928, § 1.

§ 187. Murder in second degree, how punished. Murder in the second degree is punishable by imprisonment for the offender's natural life.

3 R. S. 931, § 30.

§ 188. Manslaughter defined. In a case other than one of those specified in the sections 183, 184 and 185, homicide, not being justifiable or excusable, is manslaughter.

3 R. S. 932, § 1.

189. In the first degree. Such homicide is manslaughter in the first degree, when committed without a design to effect death, either

1. By a person engaged in committing, or attempting to commit, a misdemeanor, affecting the person or property, either of the person killed, or of another; or

2. In the heat of passion, but in a cruel and unusual manner, or by means of a dangerous weapon.

3 R. S. 932, §§ 6, 15, 16.

§ 190. Killing unborn quick child. The willful killing of an unborn quick child, by any injury committed upon the person of the mother of such child, is manslaughter in the first degree.

3 R. S. 932, § 8.

§ 191. Id.; By administering drugs, etc. A person who provides, supplies or administers to a woman, whether pregnant or not, or who prescribes for, or advises or procures a woman to take any medicine, drug, or substance, or who uses or employs, or causes to be used or employed, any instrument or other means, with intent thereby to procure the miscarriage of a woman, unless the same is necessary to preserve her life, in case the death of the woman, or of any quick child of which she is pregnant, is thereby produced, is guilty of manslaughter in the first degree.

3 R. S. 932, §§ 9, 11, 12.

§ 192. [am'd 1892.] Manslaughter in first degree, how punished. Manslaughter in the first degree is punishable by imprisonment for a term not exceeding twenty years.

3 R. S. 935, § 25.

§ 193. Manslaughter in second degree. Such homicide is manslaughter in the second degree, when committed without a design to effect death, either

1. By a person committing or attempting to commit a trespass, or other invasion of a private right, either of the person killed, or of another, not amounting to a crime; or

2. [am'd 1887.] In the heat of passion, but not by a dangerous weapon or by the use of means either cruel or unusual; or

3. By any act, procurement or culpable negligence of any person, which, according to the provisions of this chapter, does not constitute the crime of murder in the first or second degree, nor manslaughter in the first degree.

3 R. S. 934, §§ 15, 16, 18, 23.

§ 194. Women taking drugs, etc. A woman quick with child, who takes or uses, or submits to the use of any drug, medicine, or substance, or any instrument or other means with intent to produce her own miscarriage, unless the same is necessary to preserve ber own life, or that of the child whereof she is pregnant, if the death of such child is thereby produced, is guilty of manslaughter in the second degree.

3 R. #. 933, 10.