TITLE IX. OF CRIMES AGAINST THE PERSON. CHAPTER I. Suicide. II. Homicide. III. Maiming. IV. Kidnapping V. Assaults. VI. Robbery. VII. Duels and challenges. VIII. Libel. CHAPTER I. SUICIDE. Suicide defined. No forfeiture im SECTION 172 Suicide defined. 173. No forfeiture imposed for suicide. 174. Attempting suicide. 175. Aiding suicide. 176. Abetting an attempt at suicide. 177. Incapacity of person aided, no defense. 178. Punishment of attempting suicide. § 172. Suicide is the intentional taking of one's own life. 173. Although suicide is deemed a grave public wrong, posed for yet from the impossibility of reaching the successful perpetrator, no forfeiture is imposed. suicide. Attempting suicide. Aiding suicide. 174. A person who, with intent to take his own life, commits upon himself any act dangerous to human life, or which, if committed upon or towards another person and followed by death as a consequence, would render the perpetrator chargeable with homicide, is guilty of attempting suicide. § 175. A person who willfully, in any manner, advises, encourages, abets, or assists another person in taking the latter's life, is guilty of manslaughter in the first degree. an at § 176. A person who willfully, in any manner, encourages, Abetting advises, assists or abets another person in attempting to tempt at take the latter's life, is guilty of a felony. suicide. of person defense. § 177. It is not a defense to a prosecution under either Incapacity of the last two sections, that the person who took, or at- aided, no tempted to take, his own life, was not a person deemed capable of committing crime. ment of ing sui § 178. Every person guilty of attempting suicide is Punishguilty of felony, punishable by imprisonment in a state attemptprison not exceeding two years, or by a fine not exceeding one thousand dollars, or both. cide. 180. Different kinds of homicide 181. What proof of death is required. 182. Common law petit treason is homicide. 183. Murder in first degree defined. 184. Id.; second degree. 185. Duel fought out of this state. 186. Punishment of murder in first degree, how punished. 187. Murder in second degree, how punished. 188. Manslaughter defined. 189. Id.; in the first degree. 190. Killing unborn quick child. 191. Id.; by administering drugs, &c. 192. Manslaughter in first degree, how punished. 193. Manslaughter in second degree. 194. Women taking drugs, &c. 195. By negligent use of machinery. 196. Owner of animals. 197. Killing by overloading passenger vessel. 198. Liability of persons in charge of steamboats. 199. Liability of persons in charge of steam engines. 200. Liability of physicians. 201. Liability of persons making or keeping gunpowder contrary to law. 202. Punishment of manslaughter in second degree. 203. Homicide, when excusable. 204. Justifiable homicide. 205. Same. Homicide defined. Different kinds of homicide What proof of death § 179. Homicide is the killing of one human being by the act, procurement or omission of another § 180. Homicide is either. 2. Manslaughter; 3. Excusable homicide; or, 4. Justifiable homicide. § 181. No person can be convicted of murder or manrequired. slaughter, unless the death of the person alleged to have been killed and the fact of killing by the defendant, are each established as independent facts beyond a reasonable doubt. Common law petit treason is § 182. The rules of the common law, distinguishing the homicide. killing of a master by his servant, and of a husband by his wife, as petit treason, are abolished; and those homicides. are punishable, when not justifiable or excusable, as prescribed by this Code. Murder in first de gree defined. Id.; second degree. § 183. The killing of a human being, unless it is excusable or justifiable, is murder in the first degree, when committed either 1. From a deliberate and premeditated design to effect the death of the person killed, or of another; or 2. By an act imminently dangerous to others, and evincing a depraved mind, regardless of human life, although without a design to effect the death of any individual; or 3. Without a design to effect death, by a person engaged in the commission of, or in an attempt to commit a felony, either upon or affecting the person killed or otherwise; or 4. When perpetrated in committing the crime of arson in the first degree. § 184. Such killing of a human being is murder in the second degree, when committed with a design to effect the death of the person killed, or of another, but without deliberation and premeditation. ! fought out of this state. § 185. A person who, by previous appointment made Duel within the state, fights a duel without the state, and in so doing inflicts a wound upon his antagonist, whereof the person injured dies; or who engages or participates in such a duel, as a second or assistant to either party, is guilty of murder in the second degree, and may be indicted, tried and convicted in any county of this state. § 186. Murder in the first degree is punishable by death. Punish ment of murder in first de § 187. Murder in the second degree is punishable by gree. imprisonment for the offender's natural life. Murder in second degree, how pun ished. slaughter § 188. In a case other than one of those specified in the Mansections 183, 184 and 185, homicide, not being justifiable or defined. excusable, is manslaughter. degree. § 189. Such homicide is manslaughter in the first degree, In the first when committed without a design to effect death, either 1. By a person engaged in committing, or attempting to commit, a misdemeanor, affecting the person or property, either of the person killed, or of another; or 2. In the heat of passion, but in a cruel and unusual manner, or by means of a dangerous weapon. born quick § 190. The willful killing of an unborn quick child, by Killing unany injury committed upon the person of the mother of child. such child, is manslaughter in the first degree. minister &c. § 191. A person who provides, supplies, or administers 1a.; by adto a woman, whether pregnant or not, or who prescribes for, ing drugs, or advises or procures a woman to take any medicine, drug, or substance, or who uses or employs, or causes to be used or employed, any instrument or other means, with intent thereby to procure the miscarriage of a woman, unless the same is necessary to preserve her life, in case the death of the woman, or of any quick child of which she is pregnant, is thereby produced, is guilty of manslaughter in the first degree. slaughter Man- § 192. Manslaughter in the first degree is punishable by inte imprisonment for not less than five nor more than twenty first de punished. Man slaughter years. § 193. Such homicide is manslaughter in the second degree, in second when committed without a design to effect death, either degree. Women taking 1. By a person committing or attempting to commit a trespass, or other invasion of a private right, either of the person killed, or of another, not amounting to a crime; or 2. In the heat of passion, but not by a deadly weapon or by the use of means either cruel or unusual; or 3. By any act, procurement or culpable negligence of any person, which, according to the provisions of this chapter, does not constitute the crime of murder in the first or second degree, nor manslaughter in the first degree. § 194. A woman quick with child, who takes or uses, or drugs, &c. submits to the use of any drug, medicine, or substance, or any instrument or other means with intent to produce 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 in the second degree. By negli gent use of machin ery. Owner of animals. § 195. A person who, by any act of negligence or misconduct in a business or employment in which. he is engaged, or in the use or management of any machinery, animals, or property of any kind, intrusted to his care, or under his control, or by any unlawful, negligent or reckless act, not specified by or coming within the foregoing provisions of this chapter, or the provisions of some other stat ute, occasions the death of a human being, is guilty of manslaughter in the second degree. § 196. If the owner of a mischievous animal, knowing its propensities, willfully suffers it to go at large, or keeps it without ordinary care, and the animal, while so at large, and not confined, kills a human being, who has taken all the precautions which the circumstances permitted, to avoid |