Page:1887 Compiled Laws of Dakota Territory.pdf/1070

§§ 6218-6224

§ 6218. 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 persons as the court may direct, till he become sane.

§ 6219. 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.

§ 6220. The duress which excuses a person from punishment who has committed a prohibited act or omission must be an actual compulsion by use of force or fear.

§ 6221. 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 the 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.

§ 6222 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 6220.

§ 6223. 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.

§ 6224. 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 territory, but are to be returned to their own country for trial and punishment.