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CHAPTER VIII.

OFFEŃCES AGAINST THE PERSONS OF INDIVIDUALS.

CCXXIX. Murder, rape, or administering poison with intent

to commit murder. CCXXX. Attempt by any free negro, mulatto, indian, or mustee to commit rape on any white woman or girl. CCXXXI. Duelling where death ensues, or aiding and abetting therein. CCXXXII-III. Manslaughter. CCXXXIV. Concealment by a mother of the birth of any child, or aiding and assisting therein. CCXXXV -VI. Maiming or disfiguring, or aiding and abetting therein. CCXXXVII. Crime against nature. CCXXXVIII. .Assaulting any free white person. CCXXXIX. Assaulting and beating, wounding short of maiming, or false imprisonment. CCXL. Assault with intent to commit rape or robbery. CCXLI. Assaulting with a dangerous weapon, or with intent to killCCXLII. second offence, or assaulting with a dangerous weapon, or with intent to kill and wounding less than mayhem. CCXLIII. Insult, or assault and battery of any white, by a free person of color. CCXLIV. Abuse, or cruel or evil treatment of, or neglect of duty towards any apprentice or bound servant by master or mistress, or absconding or neglect of duty by such apprentice or servant. CCXLV-VI. Cruel punishment of slaves. CCXLVII. Kidnapping any free person of color, or conspiring, aiding, or assisting therein-CCXLVIII. second offence. CCXLIX. Bringing into the state any free person of color, and holding, or offering to sell such person as a slave.

Art. CCXXIX. If any person or persons shall commit either of the crimes of murder, or rape, or shall administer any kind of poison to any person with the intent to commit the crime of murder, such person, or persons so offending, on conviction thereof, shall suffer death.3

Art. CCXXX. If any free negro, mulatio, indian, or mustee shall attempt to commit a rape on the body of any white woman or girl, the said free negro, mulatto, indian, or mustee, shall, on conviction thereof, suffer death.5

Art. CCXXXI. If any person shall voluntarily engage in a duel with rapier or small sword, back sword, pistol, or other dangerous weapon to the hazard of life, and death should ensue, the survivor shall, upon conviction, suffer death; and all and every person aiding and abetting as second, agent, and

i § 1, act 7 June, 1806, 1 D. 376.

2 An act of 7 June, 1806, 1 D. 118, contains the following provision. It is not inserted in the text, and might have been left out of the original act, with. out much loss to the legislation of the state.

Section 16. If any person whatsoever shall wilfully kill his slave, or the slave of another person, the said person, being convicted thereof, shall be tried and condemned agreeably to the laws of the territory.

3 So much of this section as related to the offence of " shooting or stabbing any person with the intent to commit the crime of murder," was virtually repealed by $ 1 and 2, act 6 March, 1819, 1 D. 397, which sections were themselves done away with by § 4 and 5 of the act 7 February, 1829, p. 166, arts. CCXLI, and CCXLII, post. The article in the text re-enacts the provisions of § 1, act 4 May, 1805, 1 D. 362, and embraces the offence provided for by the 7th section, of the 2d part, of the act of 7 June, 1806, 1 D. 115, which de. clares, that “any free negro, mulatto, indian, or mustee who shall wilfully or maliciously poison, or maliciously administer poison to any free man, woman, child, servant, or slave, shall suffer death."

4 Act 16 February, 1818, 1 D. 129.

5 This act extends to slaves; but so much only as relates to free persons is inserted here, none of the laws punishing slaves being included in this compilation. The act in the text re-enacted the provision of $ 7, of the 2d part, of the act of 7 June, 1806, 1 D. 115, in regard to the crime of rape, when com. mitted by the persons therein named.

6 § 16, act 20 March, 1818, 1 D. 395. The word “who,” between brackets, is substituted for “and,” the reading of the original act.

abettor, (who] shall be duly convicted, shall be punished as accessaries before the fact in murder. dent.Hr.

Art. CCXXXII. On trials for murder the jury may find the prisoner guilty of manslaughter, if they should be of opinion that he is not guilty of murder, but of manslaughter.

Art. CCXXXIII. If any person shall hereafter comnit manslaughter, and shall be thereof convicted, he, she, or they shall be subject to be fined in a sum not exceeding two thousand dollars, and imprisoned at hard labor a term not exceeding twenty years, according to the aggravated circumstances of the case.

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Art. CCXXXIV.104 If any woman shall be delivered of any issue of her body, and shall endeavor privately, either by drowning, or secret burying thereof, or in any other way, either by herself, or the aid and assistance of others, so to conceal the birth thereof that it may not come to light whether it be born alive or not, in any and every such case, the said mother, together with all and every other such person or persons so aiding and assisting, shall, on conviction thereof, be punished by imprisonment not less than five, nor more than fourteen years.

Art. CCXXXV.11 If any person, or persons, on purpose and of malice aforethought, shall unlawfully cut or bite off the

ars, or cut out, or disable the tongue,l? while fighting,

ear or

7 g 1, act 20 March, 1818, 1 D. 389. 8 $ 2, ibid.

9 This section virtually repeals 9 22 of the act of 4 May, 1805, 1 D. 367. See arts. CCXXI-II, IV, V, and VII, for several offences made manslaughter by the act of 6 March, 1834, p. 55, relative to steamboats.

10 3, act 22 February, 1817, 1 D. 384. 11 $ 23, act 4 May, 1805, 1 D. 367.

12 The words “put out an eye,” in the original act, are not inserted in the text, so much of the act of 1805 having been virtually repealed by the subse. quent act of 22 February, 1817, 1 D. 383, art. CCXXXVI.

or otherwise ; slit the nose or a lip, cut or bite off the nose or lip, or cut off or disable any limb or member of any person, with intention in so doing to maim, disable, or disfigure such person in any manner before mentioned; then, in every such case, the person or persons so offending, their counsellors, aiders, and abettors shall, on conviction thereof, pay a fine not exceeding one thousand dollars, and shall be further punished with imprisonment at hard labor not exceeding seven years.

Art. CCXXXVI.13 If any person or persons, on purpose and of malice aforethought, shall put out an eye or the eyes of any person, while fighting or otherwise, with intention in so doing to disfigure or blind such person, then, and in every such case, the person or persons so offending, their counsellors, aiders, and abettors, shall, on conviction thereof, pay a fine not exceeding two thousand dollars, and shall be further punished with imprisonment and hard labor for a time not less than seven years, nor exceeding fourteen years.

Art. CCXXXVII. Every person who shall hereafter be duly convicted of the detestable and abominable crime against nature, committed with mankind or beast, shall suffer imprisonment at hard labor for life.15

Art. CCXXXVIII.16 Whoever shall be guilty of assaulting any free white person, shall suffer fine not exceeding one hundred dollars, or imprisonment not exceeding three months, or both, at the discretion of the court.17

13 Act of 22 February, 1817, 1 D. 383. 14 g 2, act 4 May, 1865, 1 D. 362,

15 This section originally extended to the crime of rape, but so far as relates to that offence it was virtually repealed by $ 1, act of 7 June, 1806, 1 D. 376, art. CCXXIX.

16 $ 4, act 19 March, 1818, 1 D. 388.

17 Section 12 of the act of 19 March, 1818, 1 D. 389, art. DXXXVII, provides “ that where the punishment of fine and imprisonment is left by law at the discretion of any court, the fine shall not exceed one thousand dollars, nor the imprisonment two years."

Art. CCXXXIX.18 Whoever shall be guilty of assaulting and beating, wounding short of maiming, or of falsely imprisoning any person, shall, on conviction thereof, suffer fine or imprisonment, or both, at the discretion of the court. 19

Art. CCXL.20 Whoever shall assault another with intent to commit rape, or robbery, shall, on conviction thereof, be imprisoned at hard labor not exceeding two years, and shall afterwards give sufficient security for good behavior for one year.21

Art. CCXLI.2 Whoever shall, with a dangerous weapon, or with intent to kill,23 make an assault upon another person, in the peace of the state then being, shall, on due conviction thereof, be imprisoned for a period not exceeding twelve months, nor less than three months, and without or with hard labor, and fined in a sum not exceeding five hundred dollars, according to the aggravation of the offence, at the discretion of the court having cognizance thereof.

ART. CCXLII.24 Whoever shall be convicted a second time for a like offence, or whoever shall with a dangerous weapon, or with intent to kill, inflict a wound less than mayhem upon another person, in the peace of the state then being,

19 32, act 4 May, 1805, 1 D. 369.
19 See note 17, ante.
20 $ 24, act 4 May, 1805, 1 D. 367.

21 This section, so far as it related to the offence of “assaulting by wilfully shooting at or with intent to commit murder," was virtually repealed by sections 4 and 5 of the subsequent act of 7 February, 1829, p. 166, arts. CCXLIIl, and that portion has been omitted; it is still the law prescribing the punishment for the offences mentioned in the text.

22 Part of $ 4, act 7 February, 1829, p. 166.

23 The act of 1806, c. 29, provided for the punishment of one who should “shoot or stab any person with the intent to commit the crime of murder." On an indictment for stabbing under that act, it was decided, that it must be proved to have been such a stabbing, as, if death had ensued, the homicide would have amounted to murder, or the prisoner would be acquitted ; citing Milton's case, 1. East P. C. 411. Territory v. Mather, 2 Martin, 48. 24 & 5, act 7 February, 1829, p.

166.

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