Page:1864-65 Territory of Dakota Session Laws.pdf/46

34 4. Lunatics, insane persons, and all persons of unsound mind including persons temporarily or partially deprived of reason, upon proof that at the time of committing the act charged against them, they were incapable of knowing its wrongfulness;

5. Persons who committed the act, or made the omission charged under an ignorance or mistake of fact which disproves any criminal intent. But ignorance of the law does not excuse from punishment for its violation;

6. Persons who committed the act charged without being conscious thereof;

7. Persons who committed the act, or made the omission charged while under involuntary subjection to the power of superiors.

Sec. 17. No act committed by a person while in a state of voluntary intoxication, shall be deemed less criminal by reason of his having been in such condition. But whenever the actual existence of any particular purpose, motive or intent is a necessary element to constitute any particular species or degree of crime, the jury may take into consideration the fact that the accused was intoxicated at the time, in determining the purpose, motive or intent with which he committed the act.

Sec. 18. A morbid propensity to commit prohibited acts, existing in the mind of a person who is not shown to have been incapable of knowing the wrongfulness of such acts, forms no defense to a prosecution therefor.

Sec. 19. When a jury have returned a verdict acquitting a defendant upon the ground of insanity, the court may thereupon, if the defendant be in custody, and they deem his discharge dangerous to the public safety, order him to be committed to the Territorial lunatic asylum, or to the care of such person or person as the court may direct, till he become sane.

Sec. 20. The involuntary subjection to the power of a superior, which exonerates a person charged with a criminal act or omission from punishment therefor, arises either from;

1. Duress; or,

2. Coverture.

Sec. 21. The duress which excuses a person who has committed a prohibited act or neglect from punishment, must be an actual compulsion by use of force.