Page:Compiled Laws of the State of North Dakota 1913 vol II.pdf/488

 jail not exceeding one year, or by a fine not exceeding flve hundred dollars, or by both such fine and imprisonment. [R. C. 1905, § 8542; Pen. C. 1877, § 14; R. C. 1895, § 6812.]

One convicted of keeping saloon open on Sunday may have license forfeited in addition to fine or imprisonment for misdemeanor. State v. Gilbert, 21 S. D. 204, 111 N. W. 538.

As to excessiveness of fine on conviction for malicious mischief. State v. Tarlton, 22 8. D. 495, 118 N. W. 706.

Where neither amount of costs is specifled in judgment, nor number of days of imprisonment therefor, such portion of judgment is void for indefiniteness. State v. Johnson, 24 S. D. 590, 124 N. W. 847.

As to similar provision in Cal. Pen. Code, 19, see People v. Tom Nop, 124 Cal. 150, 56 Pac. 786; People v. Haagen, 139 Cal. 115, 72 Pac. 836.

CHAPTER 2.

PERSONS LIABLE TO PUNISHMENT FOR CRIME.

§ 9206. Persons liable to punishment. The following persons are liable to punishment under the laws of this state:

1. All persons who commit, in whole or in part, any crime within this state.

2. All persons who commit larceny or robbery as defined in this cade, out of this state and bring to, or are found with the property stolen within this state.

3. All persons who, being out of this state, abduct or kidnap, by force or fraud, any person, contrary to the laws of the place where such act is committed, and bring, send or convey such person within the limits of this state, and are afterwards found therein.

4. All persons who, being out of this state, cause or aid, advise or encourage another person to commit a crime within this state, and are afterwards found therein.

5. All persons who, being out of this state and with intent to cause within it a result contrary to the laws of this state, do an act which, in its natural and usual course, results in an act or effect contrary to its laws. [R. C. 1905, § 8543; Pen. C. 1877, § 15; R. C. 1895, § 6813.]

As to similar provision in Cal. Pen. Code, & 27, see People v. Botkin, 132 Cal. 231, 84 Am. St. Rep. 39, 64 Pac. 286.

Consent to crime by person injured. 72 Am. St. Rep. 700.

Crimes committed by aid or connivance of persons who are seeking to entrap or convict criminals. 81 Am. Dec. 365; 30 Am. Rep. 129.

§ 9207. Who capable of crime. Exception. All persons are capable of committing crime, except those belonging to the following classes:

1. Children under the age of seven years.

2. Children over the age of seven years but under the age of fourteen years, in the absence of clear proof that at the time of committing the act or neglect charged against them, they knew its wrongfulness.

3. Idiots.

4. Lunatics, insane persons and all persons of unsound mind, including persons temporarily or partially deprived of reason, upon proof that at the time of committing the act charged against them they were incapable of knowing its wrongfulness.

5. Persons who commit an act or make an omission, otherwise criminal or punishable, through misfortune or by accident or under an ignorance or mistake of fact, which disproves any criminal intent. But ignorance of the law does not excuse from punishment for its violation.

6. Persons who commit an act or make an omission, otherwise criminal or punishable, without being conscious thereof.

7. Persons who commit an act or make an omission, otherwise criminal or punishable, while under involuntary subjection to the power of superiors. [R. C. 1905, § 8544; Pen. C. 1877, 5 16; R. C. 1895, § 6814.]

As to similar provision in Cal. Pen. Code, 1 26, see People v. Methever, 132 Cal. 326, 64 Pac. 481.

2. Proof required to overcome presumption that child between seven and fourteen years of age was incompetent to commit crime. State v. Fisk, 15 N. D. 589, 108 N. W. 485, 11 A. & E. Ann. Ca, 1061.