Page:Revised Codes of the State of North Dakota 1895.pdf/1256

§§ 6816-6822 '''§ 6816. Morbid propensity, no defense.''' A morbid propensity to commit prohibited acts, existing in the mind of a person who is not shown to have been incapable of knowing the wrongfulness of such acts. forms no defense to a prosecution therefor.

'''§ 6817. Acquitted for insanity. Court may commit.''' When a jury has returned a verdict acquitting a defendant upon the ground of insanity, the court may thereupon, if the defendant is in custody, and it deems his discharge dangerous to the public safety, order him to be committed to the state hospital for the insane, or to the care of such person or persons as the court may direct till he becomes sane.

'''§ 6818. Superior power exonerates. Duress. Coverture.''' The involuntary subjection to the power of a superior which exonerates a person charged with a criminal act or omission from punishment therefor, arises either from:

1. Duress; or,

2. Coverture.

§ 6819. What superior power excuses. The duress which excuses a person from punishment who has committed a prohibited act or omission must be an actual compulsion by use of force or fear.

'''§ 6820. Superior power inferred. Exceptions.''' A subjection sufficient to excuse from punishment may be inferred in favor of a wife, from the fact of coverture, whenever she committed the act charged in the presence and with the assent of her husband, except when such act is a participation in:

1. Treason.

2. Murder.

3. Manslaughter.

4. Maiming

5. An attempt to kill.

6. Rape.

7. Abduction.

8. Abuse of children.

9. Seduction.

10. Abortion, either upon herself or another female.

11. Concealing the death of an infant, whether her own or that of another.

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. Obstructing a railway track.

'''§ 6821. 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 6519.

§ 6822. 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.