Page:Revised Codes of the State of North Dakota 1895.pdf/1294

§§ 6099-7106 § 7099. Homicide by others, when justifiable. Homicide is also justifiable when committed by any person in either of the following cases:

1. When resisting any attempt to murder such person or to commit any felony upon him or her, or upon or in any dwelling house in which such person is; or,

2. When committed in the lawful defense of such person or of his or her husband, wife, parent, child, master, mistress or servant, when there is a reasonable ground to apprehend a design to commit a felony or to do some great personal injury, and imminent danger of such design being accomplished; or,

3. When necessarily committed in atteinpting. by lawful ways and means, to apprehend any person for any felony committed; or in lawfully suppressing any riot; or in lawfully keeping and preserving the peace.

§ 7100. Homicide. Excusable. Justifiable. Defendant acquitted. Whenever any person is prosecuted for a homicide, and upon his trial the killing shall be found to have been excusable or justifiable, the jury shall find such person not guilty and he shall be fully acquitted and discharged.

CHAPTER 19.

MAIMING.

§ 7101. Maiming defined. Every person who, with premeditated design to injure another, inflicts upon his person any injury which disfigures his personal appearance or disables any member or organ of his body or seriously diminishes his physical vigor, is guilty of maiming.

§ 7102. Maiming one's self. Every person who, with design to disable himself from performing any legal duty, existing or anticipated, inflicts upon himself any injury whereby he is so disabled, is guilty of maiming.

§ 7103. Maiming one's self. Exciting sympathy. Every person who inflicts upon himself any injury such as if inflicted upon another would constitute maiming, with intent to avail himself of such injury, to excite sympathy or to obtain alms or any charitable relief, is guilty of maiming.

§ 7104. Maiming. Instrument. Manner immaterial. To constitute maiming it is immaterial by what means or instrument, or in what manner the injury was inflicted.

§ 7105. Maiming by disfigurement described. Limited. To constitute maiming by disfigurement the injury must be such as is calculated, after healing, to attract observation. A disfigurement which can only be discovered by close inspection does not constitute maiming.

§ 7106. Design to maim inferred. A design to injure, disfigure or disable, is inferred from the fact of inflicting an injury