Page:1862 Territory of Dakota Session Laws.pdf/174

CHAP. IX.]

the provisions of this act shall regulate the proceedings in all prosecutions and penal actions in all the courts of this territory, from and after the passage hereof, and shall be known as the Criminal Code.

1. A crime or misdemeanor consists in a violation of a public law, in the commission of which there shall be a union of joint operation of act and intention, or criminal negligence.

. 2. Intention is manifested by the circumstances connected with the perpetration of the offence, and the sound mind and discretion of the person accused.

. 3. A person shall be considered of sound mind who is neither an idiot nor lunatic, nor affected with insanity, and who hath arrived at the age of fourteen years, or before that age, if such person knew the distinction between good and evil.

. 4. An infant under the age of ten years shall not be found guilty of any crime or misdemeanor.

. 5. A lunatic or insane person, without lucid intervals, shall not be found guilty of any crime or misdemeanor with which he may be charged: Provided, The act so charged as criminal shall have been committed in the condition of insanity.

. 6. An idiot shall not be found guilty, or punished