Page:1864-65 Territory of Dakota Session Laws.pdf/43

Rh 7. Objects of the Penal Code:

8. Conviction must precede punishment:

9. Jury are to find degree of crime.

10. Construction of the Penal Code.

11. Of Sections declaring crimes punishable.

12. Punishments, how determined.

13. Punishment of felonies.

14. Of misdemeanors.

Section 1. This act shall be known as the Penal Code of the Territory of Dakota.

Sec. 2. No act or omission subsequent to the day upon which this Code shall take effect as a law, shall be deemed criminal or punishable, except as prescribed or authorized by this Code, or by some of the Statutes which it specifies as continuing in force, or such laws as do not conflict with the provisions of this Code. Any act or neglect committed prior to that day, may be inquired of, prosecuted and punished in the same manner as if this Code had not been passed.

Sec. 3. A crime or public offense is an act or omission forbidden by law, and to which is apnexed, upon conviction, either of the following punishments:

1. Death;

2. Imprisonment;

3. Fine;

4. Removal from office; or,

5. Disqualification to hold and enjoy any office of honor, trust, or profit under this (territory) state.

Sec. 4. Crimes are divided into.

1. Felonies;

2. Misdemeanors.

Sec. 5. A felony is a crime which is, or may be, punishable with death, or by imprisonment in the territorial prison.

Sec. 6. Every other crime is a misdemeanor.

Sec. 7. This code specifies the classes of persons who are deemed capable of crimes, and liable to punishment therefor; and defines the nature of the various crimes, and prescribes the kind and measure of punishment to be inflicted for each. The