CHAPTER I. Suicide. TITLE IX. OF CRIMES AGAINST THE PERSON. II. Homicide. III. 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. SECTION 179. Homicide defined. HOMICIDE. Different kinds of homicide 181. What proof of death is required. 182. Common law petit treason is homicide.' 184. Id.; second degree. 185. Duel fought out of this state. 186. Murder in first degree, how punished. 187. Murder in second degree, how punished. 189. Id.; in the first degree. 190. Killing unborn quick child. 191. Id.; by administering drugs, etc. 192. Manslaughter in first degree, how punished. 193. Manslaughter in second degree. 194. Women taking drugs, etc. 195. By negligent use of machinery. 196. Owner of animals. 197. Killing by overloading passenger vessel. 198. Liability of persons in charge of steamboats. 199. Liability of persons in charge of steam engines. 200. Liability of physicians. 201. Liability of persons making or keeping gunpowder contrary to lav 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 huma being by the act, procurement or omission of another. 3 R. 932, § 1. § 180. Different kinds of homicide. Homicide is either 2. Manslaughter; 3. Excusable homicide; or, 4. Justifiable homicide. § 181. What proof of death is required. No person can be co victed of murder or manslaughter unless the death of the perso alleged to have been killed and the fact of killing by the defendan as alleged, are each established as independent facts; the former direct proof, and the latter beyond a reasonable doubt. § 182. Common law petit treason is homicide. The rules the common law, distinguishing the killing of a master by his se vant, and of a husband by his wife, as petit treason, are abolished 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 without 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. 3 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 justifi able 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. Manslaughter in first degree, how punished. Manslanghter in the first degree is punishable by imprisonment for not less than five nor more than 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 her 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. 8. 933, § 10. coming within the foregoing provisions of this chapter, or the provisions of some other statute, occasions the death of a human being, is guilty of manslaughter in the second degree. 3 R. S. 934, § 24. § 196. Owner of animals. If the owner of a mischievous animal, knowing its propensities, willfully suffers it to go at large, or keeps it without ordinary care, and the animal, while so at large, and not confined, kills a human being, who has taken all the precautions which the circumstances permitted, to avoid the animal, the owner is guilty of manslaughter in the second degree. 3 R. S. 934, § 19. § 197. Killing by overloading passenger vessel. A person navigating a vessel for gain, who willfully or negligently receives so many passengers or such a quantity of other lading on board the vessel, that, by means thereof, the vessel sinks, or is overset or injured, and thereby a human being is drowned, or otherwise killed, is guilty of manslaughter in the second degree. 3 R. S. 934, § 20. 198. Liability of persons in charge of steamboats. A person having charge of a steamboat used for the conveyance of passengers, or of a boiler or engine thereof, who, from ignorance, recklessness, or gross neglect, or for the purpose of excelling any other boat in speed, creates, or allows to be created, such an undue quantity of steam as to burst the boiler, or other apparatus in which it is generated or contained, or to break any apparatus or machinery connected therewith, whereby the death of a human being is occasioned, is guilty of manslaughter in the second degree. 3 R. S. 934, § 21. § 199. Liability of persons in charge of steam engines. An engineer or other person, having charge of a steam boiler, steam engine, or other apparatus for generating or applying steam, employed in a boat or railway, or in a manufactory, or in any mechanical works, who willfully, or from ignorance or gross neglect, creates or allows to be created, such an undue quantity of steam as to burst the boiler, engine, or apparatus, or to cause any other accident, whereby the death of a human being is produced, is guilty of manslaughter in the second degree. 3 R. S. 934, § 21. |