Page:Compiled Laws of the State of North Dakota 1913 vol II.pdf/489

 Female under eighteen years of age is not incapable of committing sexual crime and is not obliged to answer as to whether her father had sexual intercourse with her. Ex parte Nesson, 25 S. D. 49, 27 L.R.A. (N.S.) 872, 125 N. W. 124.

Infants' responsibility for crime. 36 L.R.A. 196; 70 Am. Dec. 496.

Does statute fixing age of consent render a girl below that age incapable of sexual crime. 27 L.R.A.(N.S.) 872.

Criminal liability of infant as accessory to theft. 36 L.R.A. 212.

4. Insanity as defense. State v. Leehman, 2 S. D. 171, 49 N. W. 3.

Insanity as a defense to an indictment for crime. 36 Ám. Dec. 402; 63 Am. St. Rep. 100; 76 Ám. St. Rep. 83.

Burden of proving insanity as a defense to a crime. 97 Am. Dec. 176; 44 Am. Rep. 435.

Irresistible impulse as excuse for crime. 18 L.R.A. 224; 27 L.R.A. (N.S. 461.

Responsibility for crime committed in fit of anger. 10 L.R.A. (N.S.) 1032.

Heat of passion which will mitigate or reduce the degree of a homicide. 5 L.R.A. (N.S.) 809.

Weakness of mind as affecting responsibility for criminal act. 10 L.R.A. (NS.) 999.

Impairment of memory as defense to prosecution for perjury. 21 L.R.A. (N.S.) 993.

Effect of insanity question of heat of passion to mitigate homicide. 5 L.R.A. (N.S.) 825.

Insanity induced by intoxication as excuse for crime. 36 L.R.A. 479.

Responsibility for crime committed in fit of anger. 10 L.R.A. (N.S.) 1032.

What are insane delusions. 37 L.R.A. 261.

Morphinism as affecting responsibility. 39 L.R.A. 262.

Right of prosecution to show feigned insanity. 31 L.R.A. (N.S.) 113.

Measure of proof of insanity in criminal case. 39 L.R.A. 737.

Proof of other crimes to rebut defense of insanity. 62 L.R.A. 300.

5. This paragraph only applies where scienter material to constitute offense. State v. Dorman, 9 S. D. 528, 70 N. W. 848.

Ignorance of fact as a defense to a criminal prosecution. 30 Am. Rep. 617.

Ignorance of law as an excuse for crime. 10 Am. Dec. 323.

Larceny or embezzlement as affected by belief in right to property taken. 41 L.R.A. (N.S.) 549.

Belief in termination of former marriage as a defense to prosecution for bigamy. 27 L.R.A. (NS.) 1097; 34 L.R.A. (N.S.) 613.

Ignorance of defendant in prosecution for adultery that other party was married as a defense. 18 L.R.A. (N.S.) 527.

Mistake as to identity of vietim as affecting assault or homicide. 33 L.R.A. (N.S.) 1070.

Assault with intent to murder or kill by unlawful act under mistaken identity of person assaulted. 37 L.R.A. (N.S.) 172.

Proof of other crimes to rebut defense of mistake in criminal prosecution. 62 L.R.A. 300.

Religious belief an excuse for failure to furnish medical aid to child. 36 L.R.A. (N.S.) 633.

Good faith as defense to criminal responsibility for failure to provide child with medical attendance and remedies. 1 B. R. C. 750.

Good faith as affecting criminal responsibility for illegal registration or voting. 37 L.R.A. (N.S.) 1177.

Good faith of offer of marriage as affecting defense to prosecution for seduction. 29 L.R.A. (N.S.) 423.

Larceny or embezzlement as affected by belief in right to property taken. 41 L.R.A. (N.S.) 549.

Ignorance that article furnished as butter is oleomargarine as a defense. 32 L.R.A. (N.S.) 746.

Mistake as to beverage as defense to charge of illegal liquor sale. 6 L.R.A. (N. S.) 477; 21 L.R.A.(N.S.) 525.

Ignorance of contents of package as defense to carrier in prosecution for transporting intoxicating liquor into prohibition territory. 18 L.R.A.(N.S.) 1182.

Seller's ignorance of minority of purchaser as defense to prosecution for sale of liquor to minor. 25 L.R.A. (N.S.) 669.

Effect of defendant's mistake as to age of girl under statute denouncing sexual offenses against females below specified age. 25 L.R.A. (N.S.) 661.

Ignorance that parties to marriage are under age as defense to prosecution for officiating at the marriage. 29 L.R.A. (N.S.) 504.

Proof of other crimes to rebut defense of accident or mistake in criminal prosecution. 62 L.R.A. 300.

7. Duress as an excuse for crime. 19 L.R.A. 357.

Coercion as defense to crime. 106 Am. St. Rep. 721.

Effect of hypnotism in criminal cases. 40 L.R.A. 269.