Page:1864-65 Territory of Dakota Session Laws.pdf/97

Rh A disfigurement which can only be discovered by close inspection does not constitute maiming.

Sec. 268. A design to injurc, disfigure or disable, is inferred from the fact of inflicting an injury which is calculated to disfigure or disable, unless the circumstances raise a reasonable doubt whether such design existed.

Sec. 269. A premeditated design to injure, disfigure or disable, sufficient to constitute maiming, may be formed instantly before inflicting the wound.

Sec. 270. Where it appears, upon a trial for maiming another person, that the person injured has, before the time of trial, so far recovered from the wound that he is no longer by it disfigured in personal appearance, or disabled in any member or organ of his body, or affected in physical vigor, no conviction for maiming shall be had; but the accused may be convicted of assault and battery, with or without a special intent, according to the proof.

Sec. 271. Every person guilty of maiming is punishable by imprisonment in the territorial prison not exceeding seven years, or by imprisonment in a county jail net exceeding one year, or by fine not exceeding one thousand dollars, or by both such fine and imprisonment.

Section 272. Kidnapping defined.

273. Effect of consent of injured person.

274. Selling services of person of color.

275. Removing from this Territory persons held to service in another State or Territory.

276. Penalty imposed on judicial officers.

Sec. 272. Every person who, without lawful authority, forcibly seizes and confines another, or inveigles or kidnaps another, with intent, either:

1. To cause such other person to be secretly confined or imprisoned in this territory against his will; or