SEC. 276. If any physician, while in a state of intoxica- Physicians administering poition, shall, without a design to effect death, administer any in a state of inson, etc., while poison, drug, or medicine, or do any other act to another toxication. person which shall produce the death of such other, such, Hill's Ann. physician shall be deemed guilty of manslaughter and shall 1722. be punished accordingly. Laws, Oreg., s. Woman taking produce miscar Code, s. 194. SEC. 277. A woman quick with child who takes or uses, drugs, etc., to or submits to the use of any drug, medicine, or substance, produ or any instrument or other means, with intent to produce N. Y. Penal her own miscarriage, unless the same is necessary to preserve her own life or that of the child whereof she is pregnant, if the death of such child is thereby produced, is guilty of manslaughter and shall be punished accordingly. SEC. 278. Whoever provides, supplies, or administers Administering drugs, etc., to to a woman, whether pregnant or not, or prescribes for, produce aboror advises or procures a woman to take any medicine, drug, N. Y. Penal or substance, or uses or employs, or causes to be used or Code, s. 191. employed, any instrument or other means with intent 22 Alb., L. J., 318; thereby to procure the miscarriage of a woman, unless the ple, 1 N. Y., 379, same is necessary to preserve her life, in case the death of ple, 3 Park, 569; the woman or of any quick child with which she is preg- ham, 1 Park, 424; nant is thereby produced, shall be deemed guilty of manslaughter and shall be punished accordingly. tion, etc. Watson v. State, Lohman v. Peo 383; Hunt v. Peo People v. Stock People v. Davis, 56 N. Y., 95, 101; Mongeon v. People, 55 N. Y., 613, 615; Davis v. Peo ple, 55 N. Y., 212; Evans v. People, 49 N. Y., 86, 87. quick child by of mother. SEC. 279. Whoever wilfully kills an unborn quick child Killing unborn by any injury committed upon the person of the mother of injury to person such child, and not prohibited in the next preceding section, shall be deemed guilty of manslaughter and shall be Code, s. 190. punished accordingly. N. Y. Penal Evans v. People, 49 N. Y., 86; Eckhart v. Peo ple, 83 N. Y., 462; Com. v. Parker, 9 Metc., 263; Mitchell v. Com., 78 Ky., 204; Smith v. State, 33 Me., 48; Mills v. Com., 13 Pa., St., 633. fined, how pun ished. Ne Penal Burke v. PeoGodfrey v. Peo Code, s. 206. SEC. 280. Whoever wilfully, with intent to commit fel- Maiming deony or to injure, disfigure, or disable, inflicts upon the person of another an injury which seriously disfigures his person by any mutilation thereof, or destroys or disables any member or organ of his body, or seriously diminishes his physical vigor by the injury of any member or organ, is guilty of maiming, and shall be imprisoned not more Y., 598. than twenty years nor less than one year. ple, 63 N. Y., 207; Tully v. People, 67 N. Y., 15; Fos ter v. People, 50 kill or commit Attempts to Code, s. 217. SEC. 281. Whoever, with an intent to kill a human being, or to commit a felony upon the person or property of the one assaulted, or of another, assaults another with a loaded firearm, or any other deadly weapon, or by any other means or force likely to produce death, or adminis- 603; People v. ters to, or causes to be administered to or taken by an- 69; O'Leary v. other, poison, or any other destructive or noxious thing, 187, 193; People ple, 50 N. Y., 598, Davis, 4 N. Y., 61, People, 4 N. Y., v. Clark, 3 N. Y. so as to endanger the life of such other, shall be imprisoned Cr., 280; People v. Carlton, 115 N. not more than ten years. Y., 624; Filkins v. People, 69 N. Y., 101: State v. Keasling, 74 Iowa, 528; Trevinio v. State, 27 Texas App., 372; Dunaway v. People, 110 Ill., 333; McGehee v. State, 62 Miss,, 772; Lacefield v. State, 34 Ark., 275; Chapman v. State, 78 Ala., 463; Smith v. State, 12 Ohio St., 466; Fox v. State, 34 Ohio St., 377, 380; Lenahan v. People, 3 Hun, 164. Assault with weapon, and assaults. SEC. 282. Whoever, under circumstances not amounting other aggravated to the crime specified in the last section, wilfully and N. Y. Penal Wrongfully wounds or inflicts grievous bodily harm upon Code, s. 218. another, either with or without a weapon, or wilfully and State, 59 Ala., 1; wrongfully assaults another by the use of a weapon, or 89 N. Y., 460 other instrument or thing likely to produce grievous Hays v. People. 1 Hill, 351; People bodily harm, or assaults another with intent to commit a Simpson v. People v. Baker, v. Bransby, 32 N. Y., 525; v. 52 People felony, shall be imprisoned not more than five years, or be Hun, 477 Peo-fined not more than one thousand dollars, or both. ple v. Irving, 31 Hun, 615; Filkins v. People, 69 N. Y., 101; People v. Hall, 2 N. Y. Cr., 134; People v. Administering poison, etc., with Code, s. 218. State, 59 Ala., 1; 89 N. Y., 460; Hill, 351; People SEC. 283. Whoever, under circumstances not amounting intent to injure. to the crimes specified in section two hundred and eightyN. Y. Penal one, with intent to injure, unlawfully administers to, or Simpson v. causes to be administered to, or taken by another, poison, People v. Baker, or any other destructive or noxious thing, or any drug or Hays v. People, 1 medicine the use of which is dangerous to life or health; v. Bransby, 32 N. or with intent thereby to enable or assist himself or any Shanley, 40 other person to commit any crime, administers to, or causes ple v. Irving, 31 to be administered to, or taken by another, chloroform, kins v. People, 69 ether, laudanum, or any other intoxicating, narcotic, or v. Hall, 2 N. Y. anæsthetic agent, shall be imprisoned not more than five Baker, 89 N. Y., years, or be fined not more than one thousand dollars, or 460; People v. Ryan, 55 Hun, both. Y., 525; People v. Hun, 477; Peo Hun, 615; Fil N. Y., 101; People Cr., 134; People v. 220. Pointing fire arms, discharg juring thereby. Bates's Ohio Williamson v. Geiger v. State, 5 SEC. 284. Whoever intentionally and without malice ing same, and in-points or aims any firearm at or toward any person, or discharges any firearm so pointed or aimed, or maims or Stats, 1897, s. 6822. injures any person by the discharge of any firearm so State, 2 C. C., 292; pointed or aimed, shall be fined not more than one hundred C. C., 283. dollars or imprisoned not more than one year, or both. SEC. 285. Whoever shall torture, cruelly beat, abuse, or under 16 years of otherwise wilfully maltreat any child under the age of sixteen years, shall be imprisoned not more than two years $.3; Abert & Love- or be fined not more than one thousand dollars, or both. Torture or abuse of children age. 23 U.S. Stat.,302, joy, Stats. D. C., 539, s. 3. battery. Ohio Assault and SEC. 286. Whoever, under circumstances not amounting to any of the crimes specified in the preceding sections of Bates's On this chapter, unlawfully assaults or threatens another in 51 Fed. Rep 2: a menacing manner, or unlawfully strikes or wounds anMitchell v. State, other, shall be fined not more than five hundred dollars or Stats. 1897, s. 6823. 20; 42 Ohio St., 383; Fox v. State, 34 imprisoned not more than six months, or both. Ohio St., 377; Howard v. State, 25 Ohio St., 399; Baker v. State, 12 Ohio St., 214; Champer v. State, 14 Ohio St., 437; Bell v. Miller, 5 Ohio, 250; Stewart v. State, 1 Ohio St., 66. Robbery. stats. 1897, s. 6818. Bates's Ohio Turner v. State, Boose v. State, 10 Ohio St., 575; SEC. 287. Whoever, by force and violence or by putting in fear, steals and takes from the person of another any thing of value, shall be imprisoned not more than fifteen 1 Ohio St., 422; years nor less than one year; and whoever, otherwise than by force and violence or by putting in fear, steals and takes 25 Ohio, 399; from the person of another anything of value, shall be im- 4 Ohio St., 540; prisoned not exceeding five years nor less than one year. 43 Ohio St., 376. SEC. 288. Whoever perpetrates an act of sexual inter- Rape. course with a female not his wife, against her will or without her consent; or, Mathews v.State, Hanson v. State, N. Y. Penal Code, s. 278. 9 Feb., 1889, 25 Stat. L., 658, c. 12, ple, 50 Barb., 144; (1) When, through idiocy, imbecility, or any unsound- 1 Supp., 641. ness of mind, either temporary or permanent, she is inca-Walter v. Peopable of giving consent, or by reason of mental or physical weakness, or immaturity, or any bodily ailment, she does not offer resistance; or, (2) When her resistance is forcibly overcome; or, People v. Harri- den, 1 Park, 344; 2 N. Y. Cr., 114; People v. Bransby, 32 N. Y., 525; Brennen v. People, 7 Hun, 171; Singer v. People, 13 Hun, 418; People v. Clemons, 37 Hun, 580; People v. O'Sullivan, 3. When her resistance is prevented by fear of immediate and great bodily harm, which she has reasonable cause to believe will be inflicted upon her; or, 4. When her resistance is prevented by stupor, or weakness of mind, produced by an intoxicating, or narcotic, or anæsthetic agent; or, when she is known by the defendant to be in such state of stupor or weakness of mind from any cause; or, 5. When she is, at the time, unconscious of the nature of the act, and this is known to the defendant, or when she is in the custody of the law, or of any officer thereof, or in any place of lawful detention, temporary or permanent; or, 6. With her consent, when she is under the age of sixteen years, is guilty of rape. Any sexual penetration, however slight, is sufficient to complete the crime. SEC. 289. A person convicted of rape shall be imprisoned in the penitentiary not more than twenty years nor less than three years. Punishment for rape. Bates's Ohio Texas Penal SEC. 290. Whoever, under promise of marriage, seduces Seduction. and has sexual intercourse with an unmarried female per- code, 1895, artl. son of previous chaste character, shall be imprisoned not 967. N. Y. Penal more than ten years nor less than two years. Code, s. 284. phenson, 140 U. S., 48; Kenyon v. People, 26 N. Y., 203; Boyce v. People, 55 N. Y., 644; State v. Bierce, 27 Conn., 319; West v. State, 1 Wis., 209; Wood v. State, 48 Ga., 192; People v. Johnson, 104 N. Y., 213; State v. Prizer, 49 Iowa, 531; State v. Higdom, 32 Iowa, 262; Callahan v. State, 63 Ind., 198; Oliver v. Com., 101 Pa. St., 215; People v. De Fore, 64 Mich., 693; Zabriskie v. State, 43 N. J. L., 640; Polk v. State, 40 Ark., 482; People v. Roderigas, 49 Cal., 9; People v. Squires, 49 Mich., 487; Patterson v. Hayden, 17 Öreg., 238; Croghan v. State, 22 Wis., 444; People v. Crotty, 30 N. Y. St. Rep., 45; People v. Kearney, 110 N. Y., 188; People v. Adams, 25 Oreg., 172; Bowers v. State, 29 Ohio St., 542; Noble v. State, 22 Ohio St., 544, 545. Seduction of female passengers on vessel. SEC. 291. Whoever, being a master, officer, seaman, or other person employed on board any American vessel who, R. S., s. 5349. during the voyage, by threats, or the exercise of authority, or solicitation, or the making of gifts or presents, seduces and has illicit intercourse with any female passenger shall be imprisoned not more than ten years nor less than two years. Compelling SEC. 292. Whoever, by force, menace, or duress, com N. Y. Code, s. 281. woman to marry. Penal pels a woman against her will to marry him, or to marry other any person, or to be defiled, shall be imprisoned not ple, 50 Barb., 144; exceeding ten years, or be fined not more than one thou86 N. Y., 369; sand dollars. Walter v. Peo Beyer v. People, Schnicker v. People, 88 N. Y., 192. Abduction. N. Y. Penal Code, s. 282. Kauffman v. People, 11 Hun, 82; People v. Plath, 100 N. Y., 590; People v. SEC. 293. Whoever 1. Takes, receives, employs, harbors, or uses or causes or procures to be taken, received, employed, or harbored or used, a female under the age of eighteen years, for the Brandt, 110 N. Y., purpose of prostitution; or, not being her husband, for 657; People" the purpose of sexual intercourse; or, without the consent 642; $iocum of her father, mother, guardian, or other person having Seeley, 101 N. Y., People, 9 Ill., 274; State v. George, 93 v. Carrien, 46 Mich.,442; People N. C., 567; People legal charge of her person, for the purpose of marriage; or, 2. Inveigles or entices an unmarried female, of previous v. Cook, 61 Cal., chaste character, into a house of ill fame or of assignation, don, 64 N. J. L., or elsewhere, for the purpose of prostitution or sexual State, 52 Ind.,426; intercourse; or, 479; State v. Gor 432; Lyons v. People v. Sheppard, 44 Hun, 565; People v. Stott, 4 3. Takes or detains a female unlawfully against her will, N.Y.Cr., 308; Peo- with the intent to compel her by force, menace, or duress, to marry him, or to marry any other person, or to be defiled; or, ple v. Seeley, 101 N. Y., 642. of child under 6 years. 4. Being parent, guardian, or other person having legal charge of the person of a female under the age of eighteen years, consents to her taking or detaining by any person for the purpose of prostitution or sexual intercourse, is guilty of abduction, and punishable by imprisonment for not more than five years, or by a fine of not more than two thousand dollars, or by both. Abandonment SEC. 294. A parent, or other person having the care or custody for nurture or education, of a child under the age N. Y Penal of six years, who deserts the child in any place, with State v. Ruhl, 8 intent wholly to abandon it, shall be imprisoned not more Gray, 7 Cox Cr. than seven years. Code, 8. 287. Iowa, 447; Reg. v. C., 326; Reg. v. Philpot, 6 Cox Cr. C., 140; Bayne v. People, 14 Hun, 181. Libel. SEC. 295. A malicious publication, by writing, printing, N. Y. Penal picture, effigy, sign, or otherwise than by mere speech, Code, s. 242. Steele v. South- which exposes any living person, or the memory of any wick, 9 Johns., 214; Stone nett, 28 N. Y., 324; More v. Bennett, street, 46 N. Y., V. Greeley, 1 Den., person deceased, to hatred, contempt, ridicule, or obloquy, Cooper, 2 Den.; or which causes or tends to cause any person to be shunned 293; Fry v. Benor avoided, or which has a tendency to injure any person, 48 N. Y., 475; Suncorporation, or association of persons in his or their busi- derlin v. Bradness or occupation, is a libel, and any person convicted 188; Cooper thereof shall be fined not more than five hundred dollars, 347; White v. Delor imprisoned not more than one year, or both; but the 49; Powers ?. Du publication is justified when the matter charged as libelous Cramer v. Riggs, is true, and was published with good motives and for jus- Stillwell v. Bartifiable ends. evan, 17 Wend., bois, 17 Wend.,63; 17 Wend., 209; ter, 19 Wend., 487; Woods v. Pangburn, 75 N. Y., 495; Ryckman v. Delevan, 25 N. Y., 186; Sanderson v. Caldwell, 45 N. Y., 401; Giles v. State, 6 Ga., 276; Morey v. Morning, 123 Ga., 207; Moore v. Francis, 121 Ga., 199; Bradley v. Cramer, 59 Wis., 309; State v. Smiley, 37 Ohio St., 30; Steketee v. Kimm, 48 Mich., 322; Smith v. Smith, 73 Mich., 445; Powers v. Skinner, 1 Wend., 45; Hotchkiss v. Oliphant, 2 Hill, 510; Dole v. Lyon, 10 Johns., 447; Rice v. Withers, 9 Wend., 138; Hamilton v. Eno, 81 N. Y., 122; Brooks v. Harrison, 91 N. Y., 89; Byam v. Collins, 111 N. Y., 150. SEC. 296. Whoever wilfully Kidnaping. N. Y. Penal Hadden v. Peo 1. Seizes, confines, inveigles, or kidnaps another, with intent to cause him, without authority of law, to be se- code, s. 211. cretly confined or imprisoned within, or to be sent out of, ple, 25 N. Y., 372; any of the places or districts mentioned in section two Leon, 109 N. Y., hundred and sixty of this code, or kept or detained, against Ruioff, 3 Park., his will; or, People v. De 228; People v. บ. 126; People Navagh, 41 Hun, 188; People v. under Fitzpatrick, 57 Hun, 561; Peo 18 How., 443; 20 Ill., 315; Com. 299; State v. Rol 2. Leads, takes, entices away, or detains a child the age of eighteen years, with intent to keep or conceal ple v. Brunnelly, it from its parent, guardian, or other person having the Moody v. People, lawful care and control thereof, or to extort or obtain v. Brooks, 9 Gray, money or reward for the return or disposition of the lins, N. H., 550; child, or with intent to steal any article about or on the 1 Fed. Rep., 676; person of the child, or, with the intent aforesaid, know- 20 Tex., 38; Nutt ingly harbors or conceals any such child so led, taken, or 340. enticed away; or, 3. Abducts, entices, or by force or fraud unlawfully takes or carries away another, at or from a place without the places or districts mentioned in the said section two hundred and sixty or procures, advises, aids, or abets such an abduction, enticing, taking, or carrying away, and afterwards sends, brings, has, or keeps such person, or causes him to be kept or secreted within such places or districts, is guilty of kidnaping, and shall be imprisoned not more than twenty years nor less than one year. U. S. v. Ancarola, Manes v. State, v. State, 19 Tex., onment. SEC. 297. False imprisonment is the unlawful violation False impris of the personal liberty of another, and consists in confinement or detention without legal authority. Mansfield's Ark. Digest, s. 1606. Punishment for false SEC. 298. Any person convicted of false imprisonment imprison shall be imprisoned not exceeding five years, or fined not ment. more than five hundred dollars, or both. 11313-01-9 Mansfield's Ark. Digest, s. 1607. |