Page:Compiled Laws of the State of North Dakota 1913 vol II.pdf/491

 12. Fraudulently producing a false child, whether as her own or that of another.

13. Bigamy.

14. Incest.

15. The crime against nature or sodomy.

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. Obstrueting a railway track. [R. C. 1905, § 8550; Pen. C. 1877, § 22; R. C. 1899, § 6820.]

Subjection of wife inferred from coverture. Neys v. Taylor, 12 S. D. 488, 81 N. W. 901.

§ 9214. Duress. When not inferred. 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 8549. [R. C. 1905, § 8551; Pen. C. 1877, § 23; R. C. 1899, § 6821.]

§ 9215. Inference from coverture, may be rebutted. 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. [R. C. 1905, § 8552; Pen. C. 1877, § 24; R. C. 1899, § 6822.]

§ 9216. Public ministers exempt. Ámbassadors 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 state. [R. C. 1905, § 8553; Pen. C. 1877, § 25; R. C. 1895, § 6823.]

CHAPTER 3.

PARTIES TO CRIME.

§ 9217. Parties to crime classified. The parties to crime are classified as:

1. Principals; and,

2. Accessories. [R. C. 1905, § 8554; Pen. C. 1877, § 26; R. C. 1899, § 682A.]

§ 9218. Principals, who are. All persons concerned in the commission of a crime, whether it is a felony or a misdemeanor, and whether they directly commit the act constituting the offense, or aid and abet in its commission, or not being present, have advised and encouraged its commission, and all persons counseling, advising or encouraging children under the age of four- years, lunatics or idiots, to commit any crime, or who by fraud, con- trivance or force, occasion the drunkenness of another for the purpose of causing him to commit any crime, or who by threats, menaces, command or coercion, compel another to commit any crime, are principals in any crime 80 committed. [R. C. 1905, § 8555; Pen. C. 1877, § 27; R. C. 1895, § 6825.]

One who procures another to commit felony, though not present, is principal. State v. Phelps, 5 S. D. 480, 59 N. W. 471; State v. Kent, 5 N. D. 516, 67 N. W. 1052, 36 L.R.A. 518.

One procuring another to commit perjury is not a principal with such other. State v. Pratt, 21 S. Ď. 305, 112 N. W. 152.

Aiding and abetting the commission of a crime. 51 Am. Rep. 373; 13 Am. Rep. 177.

Homicide by acting through innocent or irresponsible agent. 2 L.R.A. (N.S.) 897.

Principal's liability for homicide by assistant. 67 L.R.A. 312.

Liability of one assisting in burglary during which his companion commits murder. 6 L.R.A. (N.S.) 1154.

Is one assisting relative in peril bound by the latter's act in bringing on the difficulty. 15 L.R.A. (N.S.) 1013.

Criminal responsibility of one who aids another in assault in which the latter, without his knowledge or consent, uses a deadly weapon. 23 L.R.A. (N.S.) 273.

Liability for assisting in unlawful arrest or subsequent detention. 14 L.R.A. (N.S.) 1123.