Page:1887 Compiled Laws of Dakota Territory.pdf/1068

§§ 6202-6213

§ 6202. A crime or public offense is an act or omission forbidden by law, and to which is annexed, 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.

§ 6203. Crimes are divided into:

1. Felonies.

2. Misdemeanors.

§ 6204. A felony is a crime which is, or may be, punishable with death, or by imprisonment in the territorial prison.

§ 6205. Every other crime is a misdemeanor.

§ 6206. This code specifies the classes of persons who are objects of penal 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 manner of prosecuting and convicting criminals is regulated by the code of criminal procedure.

§ 6207. The punishments prescribed by this code can be inflicted only upon a legal conviction in a court having jurisdiction.

§ 6208 Whenever a crime is distinguished into degrees, the degree of crime. jury, if they convict the prisoner, shall find the degree of the crime of which he is guilty.

§ 6209. The rule of the common law that penal statutes are to be strictly construed, has no application to this code. All its provisions are to be construed according to the fair import of their terms, with a view to effect its objects and to promote justice.

§ 6210. The several sections of this code which declare certain crimes to be punishable as therein mentioned, devolve a duty upon the court authorized to pass sentence, to determine and impose the punishment prescribed.

§ 6211. Whenever in this code the punishment for a crime is left undetermined between certain limits, the punishment to be inflicted in a particular case shall be determined by the court authorized to pass sentence, within such limits as may be prescribed by this code.

§ 6212. Except in cases where a different punishment is prescribed by this code, or by some existing provision of law, every offense declared to be felony is punishable by a fine not exceeding one thousand dollars, or by imprisonment in the territorial prison not exceeding two years, or by both such fine and imprisonment.

§ 6213. Except in cases where a different punishment is prescribed by this code, or by some existing provisions of law, every offense declared to be a misdemeanor is punishable by imprisonment in a county jail not exceeding one year, or by a fine not exceeding five hundred dollars, or by both such fine and imprisonment.