Page:Revised Codes of the State of North Dakota 1895.pdf/1288

§§ 7050-7033 § 7050. Incapacity, no defense. It is no defense to a prosecution for aiding suicide or aiding an attempt at suicide, that the person who committed or attempted to commit the suicide was not a person deemed capable of committing crime.

§ 7051. Aiding suicide. Punishment. Every person guilty of aiding suicide is punishable by imprisonment in the penitentiary not less than seven years.

§ 7052. Attempting suicide. Punishment. Every person guilty of attempting suicide or of aiding an attempt at suicide, is punishable by imprisonment in the penitentiary not less than one and not exceeding two years, or by a fine not exceeding one thousand dollars, or both.

CHAPTER 1S.

HOMICIDE.

§ 7063. Homicide defined. Homicide is the destruction of the life of one human being by the act, agency, procurement or culpable omission of another.

§ 7054. Homicides classified. Homicide is either:

1. Murder.

2. Manslaughter.

3. Excusable homicide; or,

4. Justifiable homicide.

§ 7065. Corpus delicti, how proved. Confession. No person can be convicted of murder or manslaughter or of aiding suicide, unless the death of the person alleged to have been killed and the fact of the killing by the accused as alleged, are each established as independent facts; the former by direct proof and the latter beyond a reasonable doubt; but in no case upon a plea of not guilty, shall the confession or admission of the accused, in writing or otherwise, be admissible to establish the death of the person alleged to have been killed.

§ 7056. Petit treason abolished. The rules of the common law, distinguishing the killing of a master by his servant, and of a husband by his wife, as petit treason, are abolished, and these offenses are deemed homicides, punishable in the manner prescribed by this chapter.

§ 7067. Confidential or domestic relation. Whenever the grade or punishment of homicide is made to depend upon its having been committed under circumstances evincing a depraved mind or unusual cruelty or in a cruel manner, the jury may take into considration the fact that any domestic or confidential relation existed between the accused and the person killed, in determining the moral quality of the acts proved.

§ 7058. Murder defined. Homicide is murder in the following cases:

1. When perpetrated without authority of law, and with a pre-