Page:Revised Codes of the State of North Dakota 1895.pdf/1289

Homicide. meditated design to effect the death of the person killed or of any other human being.

2. When perpetrated by any act imminently dangerous to others and evincing a depraved mind, regardless of human life, although without any premeditated design to effect the death of any particular individual.

3.When perpetrated without any design to effect death by a person engaged in the commission of any felony.

§ 7059. Felony used in last section defined. The word "felony," in the last section imports any act or omission declared or defined to be a felony by any law of this state or by this code without regard to the effect thereon of the punishment actually imposed.

§ 7060. Design to effect death inferred. A design to effect death is inferred from the fact of killing, unless the circumstances raise a reasonable doubt whether such design existed.

§ 7061. Premeditation. A design to effect death sufficient to constitute murder, may be formed instantly before committing the art by which it is carried into execution.

§ 1062. Anger or intoxication no defense. Homicide committed with a design to effect death is not the less murder because the perpetrator was in a state of anger or voluntary intoxication at the time.

§ 7063. Act imminently dangerous to others. Homicide perpetrated by an act imminently dangerous to others and evincing a depraved mind regardless of human life, is not the less murder because there was no actual intent to injure others.

§ 7064. Murder divided into two degrees. According to the facts and circumstances attending the killing, or as specially declared by law, murder is deemed, either:

1. Murder in the first degree: or,

2. Murder in the second degree.

§ 7065. Degrees of murder defined. Every murder perpetrated by means of poison, or by lying in wait. or by torture, or by other willful, deliberate or premeditated killing, or in committing or attempting to commit any sodomy, rape, mayhem, arson, robbery or burglary, shall be deemed murder in the first degree; all other kinds of murder shall be deemed murder in the second degree.

§ 7066. Manslaughter defined. Homicide, not excusable or justifiable, but perpetrated in a manner not constituting murder, is manslaughter.

§ 7067. Manslaughter divided into two degrees. According to the facts and circumstances attending the killing, or as specially declared by law, manslaughter is, either:

1. Manslaughter in the first degree: or,

2. Manslaughter in the second degree.

§ 7068. Punishment for murder in first degree. Every person convicted of murder in the first degree shall suffer death or be imprisoned in the penitentiary for life.

§ 7069. Punishment for murder in second degree. Every person convicted of murder in the second degree shall be imprisoned in the penitentiary not less than ten and not exceeding thirty years.

§ 7070. Punishment for manslaughter in first degree. Every person convicted of manslaughter in the first degree shall be punished by imprisonment in the penitentiary not less than five and not exceeding fifteen years.