Page:Compiled Laws of the State of North Dakota 1913 vol II.pdf/486

== PENAL CODE ==

PRELIMINARY PROVISIONS
§ 9193. Title. This act shall be known as the penal code of the state of North Dakota.

[R. C. 1905, § 8530; Pen. C. 1877, § 1; R. C. 1899, § 6800.]

'''§ 9194. What acts criminal. Under what law punishable.''' No act or omission begun after the beginning of the day on which this code takes effect as a law shall be deemed criminal or punishable except as prescribed or authorized by this code or other statutes of this state, or by some of the statutes which this code specifies as continuing in force and as not affected by its provisions, or by some ordinance or municipal, county or township regulation passed or adopted under any such statutes. Any act or omission begun prior to the beginning of the day on which this code takes effect as a law, may be inquired of, prosecuted and punished in the same manner as if this code had not been enacted.

[R. C. 1905, § 8531; Pen. C. 1877, § 2; R. C. 1895, § 6801.]

Indictment which shows that accused killed another by feloniously and willfully beating him with club charges manslaughter in first degree.

State v. Edmunds, 20 S. D. 135, 104 N. W. 1115.

As to similar provision in Cal. Pen. Code, 6, see People v. Mortimer, 46 Cal. 114.

'''§ 9195. Crime defined. Punishments enumerated.''' A crime or public offense is an act committed or omitted in violation of a law forbidding or commanding it, and to which is annexed, upon conviction, either of the following punishments:

1. Death.

2. Imprisonment.

3. Fine.

4. Removal from office.

5. Disqualification to hold or enjoy any office of honor, trust or profit under this state.

6. Other penal discipline.

[R. C. 1905, § 8532; Pen. C. 1877, § 3; R. C. 1895, § 6802.]

What constitutes a crime. State v. Hogan, 8 N. D. 301, 78 N. W. 1051, 73 Am. St.

Rep. 759, 45 L.R.A. 166; Re Kirby, 10 8. D. 322, 73 N. W. 92, 39 L.R.A. 856.

Prescribing a punishment for an act forbids it, within the meaning of a statute providing that & crime is an act forbidden by law and to which is annexed upon conviction a punishment.

State v. Central Lumber Co., 24 S. D. 136, 42 L.R.A. (N.S.) 804, 123 N. W. 504.

Conviction for peddling without license is criminal action and reviewable by writ of error only.

State v. Cram, 20 S. D. 159, 105 N. W. 99.

What acts may not be declared to be crimes, 78 Am. St. Rep. 235.

§ 9196. Crimes, how divided. Crimes are divided into:

1. Felonies.

2. Misdemeanors.

[R. C. 1905, § 8533; Pen. C. 1877, § 4; R. C. 1899, § 6803.]

§ 9197. Felony and misdemeanor defined. A felony is a crime which is or may be punishable with death or imprisonment in the penitentiary; every other crime is a misdemeanor. When a crime punishable by imprisonment in the penitentiary is also punishable by fine or imprisonment in a county jail, in the discretion of the court or jury, it is, except when otherwise specially