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sign to effect death, by a person engaged in the commission of Murder in the any felony, it shall be murder in the third degree, and shall be third degree. punished by imprisonment in the State penitentiary not less

than seven years. (a)

SEC. 3. Whoever, being a resident or inhabitant of this State, Killing another by previous appointment or engagement made within the same, in a duel. fights a duel without the jurisdiction of the State, and in so doing inflicts a mortal wound upon any person, whereof he afterwards dies in this State, shall be deemed guilty of murder in the first degree within this State, and may be indicted, tried and convicted in the county where the death happens. (b) SEC. 4. The killing of one human being by the act, procure- Manslaughter. ment or omission of another, in cases where such killing shall not be murder, according to the provisions of this chapter, is either justifiable or excusable homicide or manslaughter. (c) SEC. 5. The killing of a human being without a design to effect Manslaughter death, by the act, procurement or culpable negligence of any in the first other, while such other is engaged in the perpetration of any crime or misdemeanor not amounting to felony, or in an attempt to perpetrate any such crime or misdemeanor in cases where such killing would be murder at the common law, shall be deemed manslaughter in the first degree. (d)

degree.

SEC. 6. Every person deliberately assisting another in the assisting commission of self-murder, shall be deemed guilty of man- self-murder. slaughter in the first degree. (d)

SEC. 7. The willful killing of an unborn quick child, by any in- Willful killing jury to the mother of such child, which would be murder if it unborn child." resulted in the death of such mother, shall be deemed manslaughter in the first degree. (d)

medicine to de

stroy child.

SEC. 8. Every person who shall administer to any woman Administering pregnant with a quick child any medicine, drug, or substance whatever, or shall use or employ any instrument, or other means, with intent thereby to destroy such child, unless the same shall have been necessary to preserve the life of such mother, or shall have been advised by two physicians to be necessary for such purpose, shall, in case the death of such child or of such mother be thereby produced, be deemed guilty of manslaughter in the second degree. (d)

SEC. 9. The killing of a human being, without a design to Killing in heat effect death, in a heat of passion, but in a cruel and unusual of passion. manner, unless it be committed under such circumstances as to constitute excusable or justifiable homicide, shall be deemed manslaughter in the second degree.

(d)

killing to pre

SEC. 10. Every person who shall unnecessarily kill another, Unnecessary either while resisting an attempt by such other person to commit any felony, or to do any other unlawful act, or after such acts.

(a) Sec. 2, Sub-Chap. 3, Chap. 1637, Act of Aug. 6, 1868.

(b) Sec. 24, Sub-Chap. 3, Chap. 1637, Act of Aug. 6, 1868.

(c) Sec. 3, Sub-Chap. 3, Chap. 1637, Act of Aug. 6, 1868.

(d) Secs, 8, 9, 10, 11 and 12, Sub-Chap. 3. Chap. 1637. Act of Aug. 6, 1868.

vent unlawfn!

Killing another in heat of passion.

Involuntary

son engaged in trespass.

attempt shall have failed, shall be deemed guilty of manslaughter in the second degree. (e)

SEC. 11. The killing of another in the heat of passion, without a design to effect death, by a dangerous weapon, in any case except such wherein the killing of another herein is declared to be justifiable or excusable, shall be deemed manslaughter in the third degree. (e)

SEC. 12. The involuntary killing of a human being by the killing of per act, procurement, or culpable negligence of another, while such other person is engaged in the commission of a trespass or other injury to the private rights or property, or engaged in an attempt to commit such injury, shall be deemed manslaughter in the third degree. (e)

Suffering mischievous animal to go at large.

Boat receiving passengers or freight and

causing death by sinking.

Death from

steamboat

officers.

SEC. 13. If the owner of a mischievous animal, knowing its propensities, wilfully suffer it to go at large, or shall keep it without ordinary care, and such animal, while so at large or not confined, kill any human being who shall have taken all the precautions which the circumstances may permit to avoid such animal, such owner shall be deemed guilty of manslaughter in the third degree. (e)

SEC. 14. Any person navigating any boat or vessel for gain, who shall wilfully or negligently receive so many passengers, or such a quantity of other lading, that by means thereof such boat or vessel shall sink or overset, and thereby any human being shall be drowned or otherwise killed, shall be deemed guilty of manslaughter in the third degree. (e)

SEC. 15. If the captain or any other person having charge of negligence of any steamboat used for the conveyance of passengers, or if the engineer or other person having charge of the boiler of such a boat, or of any other apparatus for the generation of steam, shall, from ignorance or gross neglect, or for the purpose of excelling any other boat in speed, create or allow to be created, such an undue quantity of steam as to burst or break the boiler or other apparatus in which it shall be generated, or any apparatus or machinery connected therewith, by which bursting or breaking any person shall be killed, every such captain, engineer, or other person, shall be deemed guilty of manslaughter in the third degree. (e)

Intoxicated physician

SEC. 16. If any physician, while in a state of intoxication, shall, without a design to effect death, administer any poison, without design drug, or medicine, or do any other act to another person which shall produce the death of such other, he shall be deemed guilty of manslaughter in the third degree. (e)

causing death.

Involuntary

in heat of

SEC. 17. The involuntary killing of another by any weapon, killing another or any means neither cruel nor unusual, in the heat of passion, in any cases other than such as are herein declared to be excusable homicide, shall be deemed manslaughter in the fourth degree.

passion.

(e)

SEC. 18. Every other killing of a human being, by the act,

(e) Secs. 13, 14, 15, 16, 17, 18, 19 and 20, Sub-Chap. 3, Chap. 1637, Act of Aug. 6, 1868.

procurement, or culpable negligence of another, where such Killing by killing is not justifiable or excusable, or is not declared in negligence this chapter murder, or manslaughter of some other degree, shall be deemed manslaughter in the fourth degree. (e)

of another.

SEC. 19. Persons convicted of manslaughter in the first, Punishment for second, or third degrees, shall be punished in the State peni- manslaughter. tentiary as follows: Persons convicted of manslaughter in the first degree, for a term not less than seven years. If convicted of manslaughter in the second decree, for a term not more than seven nor less than four years. If convicted of manslaughter in the third degreee, for a term not more than four and not less than two years. (e)

SEC. 20. Every person convicted of manslaughter in the Manslaughter, fourth degree shall be punished by imprisonment in the State fourth degree. penitentiary for two years, or by imprisonment in a county jail not exceeding one year, or by a fine not exceeding one thousand dollars, or by both such fine and imprisonment. (e)

Justifiable

SEC. 21. If any person or persons shall plot, consult or con- Conspiring to spire, with intent to murder another, or shall advise the same, murder. the person or persons so plotting, consulting or conspiring, shall be deemed to be guilty of a felony, and upon conviction thereof, shall be fined and imprisoned, (ƒ) or be made to stand in the pillory and be whipped at the discretion of the court. * SEC. 22. Homicide is justifiable when committed by public officers and those acting by their command in their aid and as- homicide, sistance, either in obedience to any judgment of a competent court, or when necessarily committed in overcoming actual resistance to the execution of some legal process, or the discharge of any other legal duty, or when necessarily committed in retaking felons who have been rescued or who have escaped. or when necessarily committed in arresting felons fleeing from justice. (g)

SEC. 23. Homicide is also justifiable when committed by any Justifiable person in either of the following cases: 1. When resisting homicide. 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 shall be; or, 2. When committed in the lawful defence of such person, or of his or her husband, wife, parent, child, master, mistress or servant, when there shall be a reasonable ground to apprehend a design to commit a felony, or to do some great personal injury, and there shall be imminent danger of such design being accomplished; or, 3. When necessarily committed in attempting 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. (g)

SEC. 24. Homicide is excusable when committed by acci

(6) Sec. 21, 22 and 23, Sub-Chap. 3, Chap.

167, Act of Aug 6, 1868.

(f) Sec. 5, Chap. 1466, Act of Jan. 15, 1866.

(g) Secs. 4 and 5, Sub-Chap. 3, Chap. 1637, Act of Aug. 6, 1868.

⚫ The latter part of this section was added at the instance of the Revisor.-COM.

12 Fla., 562.

23

Excusable homicide.

Throwing dead

ly, &c., missiles

dent and misfortune, in lawfully correcting a child or servant. or in doing any other lawful act by lawful means with usual ordinary caution, and without any unlawful intent, or by accident and misfortune, in the heat of passion, upon any sudden and sufficient provocation, or upon a sudden combat, without any undue advantage being taken, and without any dangerous weapon being used, and not done in a cruel or unusual manner. (g)

any

SEC. 25. That any person who shall wantonly or maliciously throw missile calculated to produce death or great bodily and shooting. harm, or shoot at or into any locomotive or car belonging to or being used by any railroad company, he shall, upon conviction, be punished by imprisonment in the State penitentiary not less than two and not exceeding ten years. (h)

Injuring bridge, &c.

removing track.

SEC. 26. That any person who shall wantonly or maliciously injure any bridge, trestle, culvert, cattle-guard or other superstructure of any railroad company, or who shall place any obObstructing or struction or impediment on any railroad track, or removes or destroys any portion of the same, or anything connected therewith, or changes or otherwise interferes with any switch connected with such track, in such manner as to endanger the passage of locomotives and cars, or who shall salt the track of any railroad company for the purpose of attracting cattle thereto, or who shall drive cattle thereon, shall, upon conviction, be punished by imprisonment in the State penitentiary not less than two years and not more than ten years. (h)

Changing switch.

Salting track.

Driving cattle on.

Personal injuries with malicious intent.

Assault with in

or maim.

SEC. 27. Whoever, with malicious intent to maim or disfig ure, cuts out or maims the tongue, puts out or destroys an eye, cuts or tears off an ear, cuts, slits or mutilates the nose or lip, or cuts off or disables a limb or member of any other person, and whoever is privy to such intent, or present aiding or abetting in the commission of such offence, shall be punished by imprisonment in the State penitentiary not exceeding twenty years, or by fine not exceeding five thousand dollars. (i)

SEC. 28. Whoever assaults another with intent to maim or

tent to murder disfigure his person in any of the ways mentioned in the preceding section, shall be punished by imprisonment in the State penitentiary not exceeding ten years, or by fine not exceeding five thousand dollars. (i)

Assault with in

SEC. 29. Whoever assaults another with a deadly weapon, tent to murder. With a premeditated design to effect the death of the person assaulted, shall be deemed guilty of an assault with intent to murder, and upon conviction shall be punished by imprisonment in the State penitentiary not less than two years and not more than seven, or by fine of not less than five hundred dollars. (j)

SEC. 30. Whoever attempts to commit murder by poisoning,

(g) Sec. 6, Sub-Chap. 3, Chap. 1637, Act of Aug. 6, 1868.

(h) Secs. 2 and 3. Chap. 3281, Act of Feb. 16, 1881.

(i) Secs. 33 and 34. Sub-Chap. 3. Chap. 1637, Act of Aug. 6, 1868.

(j) Sec. 1, Chap. 3275, Act of Feb, 11.

7881

drowning or strangling another person, or by any means not Murder by poiconstituting the crime of assault with intent to murder, shall soning, drowning, strangling. be punished by imprisonment in the State penitentiary not exceeding twenty years, or by fine not exceeding five thousand dollars, and imprisonment in the county jail not exceeding one year. (k)

robbery.

SEC. 31. Whoever assaults another, and feloniously robs, Assault and steals, and takes from his person money or other property which may be the subject of larceny, such robber being armed with a dangerous weapon, with intent, if resisted, to kill or maim the person robbed, or, being so armed, wound or strike the person robbed, shall be punished by imprisonment in the State penitentiary for life. (k)

SEC. 32. Whoever, being armed with a dangerous weapon, Assault with inassaults another with intent to rob or murder, shall be pun- tent to rob. ished by imprisonment in the State penitentiary not exceeding

twenty years. (k)

out dangerous

SEC. 33. Whoever, by force or violence, or assault, or put- Robbery withting in fear, feloniously robs, steals, and takes from the per- weapon. son of another, money or other property which may be subject of larceny, (such robber not being armed with a dangerous weapon,) shall be punished by imprisonment in the State penitentiary for life, or for any term of years. (k)

force, with in

SEC. 34. Whoever, not being armed with a dangerous weapon, Assault with assaults another with force and violence, and with intent to tent to steal. rob or steal, shall be punished by imprisonment in the State penitentiary not exceeding ten years. (k)

SEC. 35. All laws and parts of laws now in force for the pun- Repeal. ishment of assault with intent to murder, and assault with intent to kill, and assault with intent to commit manslaughter, be and the same are hereby repealed. (1)

SEC. 36. Whoever ravishes and carnally knows a female of the age of ten years or more, by force and against her will, or unlawfully or carnally knows and abuses a female child under of ten years, shall be punished by death or by imprisonment in the State penitentiary for life. (m)

the

age

Ravishment.

9 Fla.. 163.

SEC. 37. Whoever assaults a female with intent to commit a Assault with inrape, shall be punished by imprisonment in the State peniten- tent to commit tiary for any term of years, or for life, or by fine not exceeding

one thousand dollars. (m)

rape.

cuse another of crime.

SEC. 38. Whoever, either verbally or by a written or printed Threat to accommunication, maliciously threatens to accuse another of any crime or offence, or by such communication maliciously threatens an injury to the person or property of another, with intent thereby to extort money or any pecuniary advantage whatever, or with intent to compel the person so threatened, or any other person, to do any act against his or her will, shall be punished by imprisonment in the State penitentiary not exceeding ten years. (m)

(E) Secs. 35, 36, 37, 38 and 39, Sub-Chap.

4. Chap. 1637, Act of Aug. 6, 1868.

(2) Sec. 3. Chap. 3275, Act of Feb. 11, 1881.

(m) Secs. 40, 41 and 42, Sub-Chap. 3. Chap. 1637. Act of Aug. 6, 1868.

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