Page:1864-65 Territory of Dakota Session Laws.pdf/47

Rh Sec. 22. A subjection sufficient to excuse from punishment may be inferred in favor of a wife, from the fact of coverture, whenever she committed the act charged, in the presence and with she assent of her husband; except where such act is a participation in:

1. Treason;

2. Murder;

3. Manslaughter;

4. Maiming;

5. An attempt to kill;

6. Rape;

7. Abduction;

8. Abuse of children;

9. Seduction;

10. Abortion, either upon herself or another female;

11. Concealing the death of an infant, whether her own or that of another;

12. Fraudulently producing a false child, whether as her own, or that of another;

13. Bigamy;

14. Incest;

15. The crime against nature;

16. Indecent exposure;

17. Obscene exhibitions of books and prints ;

18. Keeping a bawdy, or other disorderly house ;

19. Misplacing a railway switch; or,

20. Obstructing a railway track.

Sec. 23. In case of the crimes enumerated in the last section, the wife is not excused from punishment by reason of her subjection to the power of her husband, unless the facts proved show a case of duress as defined in section twenty one.

Sec. 24. The inference of subjection arising from the fact of coverture may be rebutted by any facts showing that in committing the act charged the wife acted freely.

Sec. 25. Ambassadors and other public ministers from foreign governments accredited to the President or the government of the United States, and recognized by it according to the laws of the United States, with their secretaries, messengers, families and servants, are not liable to punishment in this ter-