Page:Revised Codes of the State of North Dakota 1895.pdf/1291

Homicide. the day on which the judgment and sentence are entered and not longer than six months.

§ 7078. Duel. Killing in state. Murder. Second degree. Every person who by previous appointment or engagement tights a duel within the jurisdiction of this state and in so doing inflicts a wound upon any person, whereof the person so injured dies, is guilty of murder in the second degree.

§ 7079. Second, surgeon at duel. Manslaughter first degree. Every person who acts as a second or surgeon at any such duel as is mentioned in the preceding section and is present when the wound is inflicted whereof death ensues, is guilty of manslaughter in the first degree.

§ 7080. Duel. Killing without state, murder second degree. Every person, being an inhabitant or resident of this state, who, by previous appointment or engagement made within the same, fights a duel without the jurisdiction of this state, and in so doing inflicts a mortal wound upon a person, whereof he afterwards dies within this state, shall be deemed guilty of murder in the second degree within this state, and may be tried, convicted and sentenced in the county where the death happens.

§ 7081. Second, surgeon, at duel. Manslaughter first degree. Every person, being an inhabitant of this state, who acts as a second or surgeon at any such duel as is mentioned in the preceding section and is present when a wound is inflicted whereof death ensues, is guilty of manslaughter in the first degree.

§ 7082. Conviction. Acquittal in other state, defense. A person prosecuted under the last two preceding sections may plead a former conviction or acquittal of the same offense in any other state or country, and such plea, if admitted or established, shall be a bar to all further or other proceedings against him for the same offense within this state.

§ 7083. Homicide in forcibly taking mine. Murder. If any person or persons shall associate and agree to enter or attempt to enter by force of numbers, and the terror such numbers is calculated to inspire, or by force and violence, or by threats of violence against any person or persons in the actual possession of any lode, gulch or placer claim, and upon such entry or attempted entry, any person or persons shall be killed, said persons and all and each of them so entering or attempting to enter, shall be deemed guilty of murder in the second degree, and punished accordingly. Upon the trial of such cases, any person cognizant of such entry or attempted entry, who shall be present and aiding, assisting or in anywise encouraging such entry or attempted entry, shall be deemed a principal in the commission of said offense.

§ 7084. Homicide, when manslaughter in first degree. Homicide is manslaughter in the first degree in the following cases:

1. When perpetrated without a design to effect death by a person while engaged in the commission of a misdemeanor.

2. When perpetrated without a design to effect death, and in a heat of passion, but in a cruel and unusual manner or by means of a dangerous weapon, unless it is committed under such circumstances as constitute excusable or justifiable homicide.

3. When perpetrated unnecessarily either while resisting an attempt by the person killed to commit a crime or after such attempt shall have failed.