Page:1862 Territory of Dakota Session Laws.pdf/549

532 Times and offences CRIMINAL PROCEDURE - Continued. if injured in one county and dies in another, 161. if party killing in one county, and party killed in another at time of killing, 161. justifiable homicide, definition of, 181. bare fear not sufficient to justify, 161. killing in self-defence, 162 when public officer may kill and be justified, 162. excusable homicide, definition of, 162. other instances of homicide, 162. if homicide justifiable, party to be fully acquitted, 162. malice presumed until or excused, 168. if woman conceal death of her own issue, 168. distinction between petit treason and murder abolished, 168. duelling - definition of, and penalty for, 168. challenging to a duel - penalty for, 168. delivering challenge and seconding duel, 184, poisoning - definition of, and penalty for, 164. mayhem - definition of, and penalty for, 164. of testicles - penalty for, 166. rape - definition of, and penalty for, 166. not necessary to prove emission, 165. crime against nature-penalty for, 166. assault - definition of, 166. assault with intention to commit crime-penalty for, 166. fallsault and battery - definition of, 166. false imprisonment - definition of, and penalty for, 166. kidnapping - definition of, and against Habitations and other Buildings, 167. -definition burglary nition of, and penalty for, 167. of, and penalty for, 187. Crimes and Offences relative to larceny definition of and penalty for, 168. -definition of, and penalty receiving stolen goods -penalty for, 168. not condemned to penitentiary, unless amount exceeds five dollars, 168. property restored to rightful owner in every case, 169. serunt and branding, or defacing mark or brand of animals of another, 169. servants, officers, &c., of territory or corporate body fraudulently acting, how pun- ished, 169. damaging papers of value---penalty for, 170. removing boundary or landmark -penalty for, 171. clerk, apprentice, or servant, embezzling, &c., 171. bailee appropriating money, goods, &c., to his own use - penalty for, 171. lodger taking away goods --- penalty for, 171. Forgery and Counterfeiting, 171. definition of, and counterfeiting gold and silver coin - penalty for, 172. person having possession of counterfeit coin - penalty for, 178. person having possession of forged note or bill, 173. person making, passing, &c., fictitious bill, note, or check - penalty for, 178. person having possession of dies, plates, and apparatus for counterfeiting-penalty trial of said persons, not necessary to prove incorporation by charter, 174. rsons of skill competent to prove counterfeits, 174. persons fraudulently defacing or counterfeiting seals and signatures - penalty for, 174. Offences by Public Oficers, 176. obtaining evidence of indebtedness by proper means, and at less than full nominal value - penalty for, 176. Property, 168. for, 168. marking and for, 171. penalty for, for, 174. on