Page:1864-65 Territory of Dakota Session Laws.pdf/210

198 and by a fine, the offender convicted of such attempt may be punished by both imprisonment and fine, not exceeding one-half the longest term of imprisonment, and one-half the largest fine which may be imposed upon a conviction for the offense so attempted.

Sec. 747. The last two sections do not protect a person who, in attempting unsuccessfully to commit a crime, accomplishes the commission of another and different crime, whether greater or less in guilt, from suffering the punishment prescribed by law for the crime committed.

Sec. 748. Every person who, having been convicted of any offense punishable by imprisonment in the territorial prison, commits any crime after such conviction, is punishable therefor as follows:

1. If the offense of which such person is subsequently convicted is such that, upon a first conviction an offender would be punishable by imprisonment in the territorial prison for any term exceeding five years, such person is punishable by imprisonment in the territorial prison for a term not less than ten years.

2. If such subsequent offerse is such that, upon a first conviction, the offender would be punishable by imprisonment in the territorial prison for five years, or any less term, then the person convicted of such subsequent offense is punishable by imprisonment in the territorial prison for a term not exceeding ten years.

3. If such subsequent conviction is for petit larceny, or for any attempt to commit an offense which, if committed, would be punishable by imprisonment in the territorial prison, then the person convicted of such subsequent offense is punishable by imprisonment in the territorial prison for a term not exceeding five years.

Sec. 749. Every woman who, having been convicted of endeavoring to conceal the birth of any issue of her body which, if born alive, would be a bastard, or the death of any such issue under the age of two years, subsequently to such conviction endeavors to conceal any such birth or death of issue