Page:1887 Compiled Laws of Dakota Territory.pdf/1101

Robbery. claimed as held to labor or service in a state or territory of the United States, except in pursuance of positive enactment, is guilty of a misdemeanor; and in addition to the punishment therefor prescribed by law, he forfeits five hundred dollars to the party aggrieved, recoverable in a civil action.

§ 6478. Every person who, with intent to kill, administers, or causes or procures to be administered to another, any poison, which is actually taken by such other, but by which death is not caused, is punishable by imprisonment in the territorial prison not less than ten years.

§ 6479. Every person who shoots or attempts to shoot at another, with any kind of firearm, air gun, or other means whatever, with intent to kill any person, or who commits any assault and battery upon another oy means of any deadly weapon, and by such other means or force as was likely to produce death, with intent to kill any other person, is punishable by imprisonment in the territorial prison not exceeding ten years.

§ 6480. Every person who is guilty of an assault with intent to kill any person, the punishment for which is not prescribed by the foregoing section, is punishable by imprisonment in the territorial prison for a term not exceeding five years, or in a county jail not exceeding one year, or by a fine not exceeding five hundred dollars, or by both such fine and imprisonment.

§ 6481. Robbery is a wrongful taking of personal property in the possession of another, from his person or immediate presence, and against his will, accomplished by means of force or fear.

§ 6482. To constitute robbery, the force or fear must be employed either to obtain or retain possession of the property, or to prevent or overcome resistance to the taking. If employed merely as a means of escape, it does not constitute robbery.

§ 6483. When force is employed in either of the ways specified in the last section, the degree of force employed is immaterial.

§ 6484. The fear which constitutes robbery may be either:

1. The fear of an unlawful injury, immediate or future, to the person or property of the person robbed, or of any relative of his, or member of his family; or,

2. The fear of an immediate and unlawful injury to the person or property of any one in the company of the person robbed, at the time of the robbery.