ARTICLE IV. ABORTION AND CONCEALING DEATH OF CHILDREN 971. Procuring Abortion. 972. Submitting to or Soliciting Attempt. 973. Concealing Still-Birth or Death of Child. 974. Attempt to Conceal Death of Child. 971. Procuring Abortion-Any person who administers to any pregnant woman, or who prescribes for any such woman, or advises or procures any such woman to take any medicine, drug or substance, or uses or employs any instrument, or other means whatever, with intent thereby to procure the miscarriage of such woman, unless the same is necessary to preserve her life, is punishable by imprisonment in the penitentiary not exceeding three years, or in the county jail not exceeding one year. 2436 R. L. 1910.) Information held sufficient. Chandler v. State, 3 Okla. Cr. 257, 105 P. 375. Indictment held sufficient against the "use" of an instrument. Greenwood v. State, 3 Okla. Cr. 247, 105 P. 371. 972. Submitting to or Soliciting Attempt to Commit Abortion-Any woman who solicits of any person any medicine, drug, or substance whatever, and takes the same, or who submits to any operation, or to the use of any means whatever, with intent thereby to procure a miscarriage, unless the same is necessary to preserve her life, is punishable by imprisonment in the county jail not exceeding one year, or by fine not exceeding one thousand dollars, or by both. (2437 R. L. 1910.) 973. Concealing Still-Birth or Death of Child-Any woman who endeavors either by herself or by the aid of others to conceal the still-birth of an issue of her body, which if born alive would be a bastard, or the death of any such issue under the age of two years, is punishable by imprisonment in the county jail not exceeding one year, or by fine not exceeding one thousand dollars, or both. (2438 R. L. 1910.) 974. Attempt to Conceal Death of Child-Any woman who, having been convicted of endeavoring to conceal the birth of an issue of her body, which if born alive, would be a bastard, or the death of any such issue under the age of two years, subsequently to such conviction endeavors to conceal any such birth or death of issue of her body, is punishable by imprisonment in the penitentiary not exceeding five years and (2807 R. L. 1910.) not less than two. 975. Adultery Defined. ARTICLE V. ADULTERY. 976. Punishment for Adultery. 975. Adultery Defined-Adultery is the unlawful voluntary sexual intercourse of a married person with one of the opposite sex; and when the crime is between persons, only one of whom is married, both are guilty of adultery. Prosecution for adultery can be commenced and carried on against either of the parties to the crime only by his or her own husband or wife, as the case may be, or by the husband or wife of the other party to the crime; Provided that any person may make complaint when persons are living together in open and notorious adultery. (2431 R. L. 1910.) Special statute of adultery and fornication of relatives, see section 1349. Prosecution cannot be had by spouse after divorcement from party charged. In re Smith, 2 Okla. 153. Fact that injured party obtained divorce after prosecution had commenced does not deprive court of jurisdiction. Ex parte Cranford, 3 Okla. Cr. 190, 105 P. 367. If spouse of one of the parties charged verify complaint this is a sufficient commencement of the action. Cr. 606. Heacock et al. v. State, 4 Okla. Adultery is a personal offense, as well as an offense against the state. The injured party is a competent witness against the defendant. Kitchens v. State, 10 Okla. Cr. 603, 140 P. 619; Heacock et al. v. State, 4 Okla. Cr. 606; Stone v. State, 12 Okla. Cr. 313, 155 P. 701. "Open and notorious adultery" is the act of living together publicly. in the face of society, as if the conjugal relation exists between them, and their illicit intercourse must be habitual. Copeland v. State, 10 Okla. Cr. 1, 133 P. 258; Harris v. State, 11 Okla. Cr. 270, 145 P. 759; Barber v. State, 15 Okla. Cr. 588, 179 P. 790; Spencer v. State, 14 Okla. Cr. 178, 169 P. 270. Acts of adultery may be shown by circumstances. Kitchens v. State, 10 Okla. Cr. 603, 140 P. 619; Woody v. State, 10 Okla. Cr. 323, 136 P. 430; Ex parte Burris, 10 Okla. Cr. 83, 133 P. 1139; Harris v. State, 11 Okla. Cr. 270, 145 P. 759. Mere solicitation to commit adultery cannot be prosecuted. Authorities reviewed. Cole v. State, 14 Okla. Cr. 18, 166 P. 1115. Information held sufficient. Stone et al. v. State, 12 Okla. Cr. 314, 155 P. 701. Information must charge that intercourse was voluntary. O'Hearn v. State, 12 Okla. Cr. 505, 159 P. 938. 976. Punishment for Adultery-Any person guilty of the crime of adultery, shall be punished by imprisonment in the penitentiary not exceeding five years or by fine not exceeding five hundred dollars, or both such fine and imprisonment. (2432 R. L. 1910) 977. Poisoning Animals-Any person who wilfully administers poison to any animal, the property of another, and every person who maliciously exposes any poisonous substance with intent that the same shall be taken by any such animal, is punishable by imprisonment in the penitentiary not exceeding three years, or in a county jail not exceeding one year, or by a fine not exceeding two hundred and fifty dollars, or by both such fine and imprisonment. (2742 R. L. 1910) 978. Instigating Fights Between Animals-Any person who maliciously or for any bet, stake or reward, instigates or encourages any fight between animals, or instigates or encourages any animal to attack, bite, wound or worry another, is guilty of a misdemeanor. (2743 R. L. 1910) 979. Keeping Places for Fighting Animals-Any person who keeps any house, pit or other place, to be used in permitting any fight between animals or in any other violation of the last section, is guilty of a misdemeanor. (2744 R. L. 1910.) Wounding or Trapping Birds in Cemetery--Any person who, within any public cemetery or burying ground, wounds or traps any birds or destroys any bird's nest, or removes any eggs or young birds from any nest; and every person who buys or sells, offers or keeps for sale, any bird which has been killed or trapped in violation of this section, is punishable by a fine of five dollars for each offense, recoverable by a civil action in any justice's court within the county where the offense is committed, brought in the name of any person making a complaint. (2745 R. L. 1910.) 981. Cruelty to Animals-Any person who shall wilfully or maliciously overdrive, overload, torture, destroy or kill, or cruelly beat or injure, maim or mutilate, any animal in subjugation or captivity, whether wild or tame, and whether be ANIMALS-INJURY TO 275 longing to himself or to another, or deprive any such animal of necessary food, drink or shelter; or who shall cause, procure or permit any such animal to be so overdriven, overloaded, tortured, destroyed or killed, or cruelly beaten or injured, maimed or mutilated, or deprived of necessary food, drink or shelter; or who shall wilfully set on foot, instigate, engage in, or in any way further any act of cruelty to any animal, or any act tending to produce such cruelty, shall be punished by imprisonment in the penitentiary not exceeding five years, or by imprisonment in the county jail not exceeding one year, or by fine not exceeding five hundred dollars; and any officer finding an animal so maltreated or abused shall cause the same to be taken care of, and the charges therefor shall be a lien upon such animal, to be collected thereon as upon a pledge or a lien. (2746 R. L. 1910.) 982. Abandoned Animals-Destroyed, How-Any person being the owner or possessor, or having charge or custody of a maimed, diseased, disabled, or infirm animal, who abandons such animal, or leaves it to die in the street, road or public place, or who allows it to lie in a public street, road or public place more than three hours after he received notice that it is left disabled, is guilty of a misdemeanor. Any agent or officer of the American Society for the Prevention of Cruelty to Animals or any society duly incorporated for that purpose, or any peace officer, may lawfully destroy or cause to be destroyed any animal found abandoned and not properly cared for, appearing in the judgment of two reputable citizens called by him to view the same in his presence, to be glandered, injured, or diseased past recovery, for useful purpose. When any person arrested is, at the time of such arrest, in charge of any animal, or of any vehicle drawn by or containing any animal, any agent of said society may take charge of such animal and of such vehicle and its contents and deposit the same in a safe place or custody, or deliver the same into the possession of the police or sheriff of the county or place wherein such arrest was made, who shall thereupon assume the custody thereof, and all necessary expenses incurred in taking charge of such property shall be a lien thereon. (2747 R. L. 1910.) 983. Impounded Animals-Any person who having impounded or confined any animal, refuses or neglects to supply such animal during its confinement a sufficient supply of good and wholesome air, food, shelter and water, is guilty of a misdemeanor. (2748 R. L. 1910.) |