cess, in any proceeding for the removal from this state of any person claimed as held to labor or service in a state or territory of the United States, except in pursuance of the statute of this state, is guilty of a misdemeanor; and in addition to the punishment therefor prescribed by law, he forfeits five hundred dollars to the party aggrieved, recoverable in a civil action. CHAPTER V. Assault in first degree ASSAULTS. SECTION 217. Assault in first degree defined. 218. Id.; in second degree. 219. Id. ; in third degree. 220. Assault in first degree, how punished. 221. Id. ; in second degree. 222. Id.; in third degree. 223. Use of force or violence, declared not unlawful, &c. § 217. A person who, with an intent to kill a human defined. being, or to commit a felony upon the person or prop erty of the one assaulted, or of another, Id.; in second degree. 1. Assaults another with a loaded fire arm, or any other deadly weapon, or by any other means or force likely to produce death; or 2. Administers to or causes to be administered to or taken by another, poison, or any other destructive or noxious thing, so as to endanger the life of such other; Is guilty of assault in the first degree. § 218. A person who, under circumstances not amounting to the crime specified in the last section, 1. With intent to injure, unlawfully administers to, or causes to be administered to, or taken by, another, poison, or any other destructive or noxious thing, or any drug or medicine the use of which is dangerous to life or health; or 2. With intent thereby to enable or assist himself or any other person to commit any crime, administers to or causes to be administered to, or taken by another, chloroform, ether, laudanum, or any other intoxicating narcotic, or anesthetic agent; or 3. Wounds or inflicts grievous bodily harm upon another, either with or without a weapon; or 4. Assaults another by the use of a weapon, or other instrument or thing likely to produce grievous bodily harm; or 5. Assaults another with intent to commit a felony, or to prevent or resist the execution of any lawful process or mandate of any court or officer, or the lawful apprehension or detention of himself, or of any other person; Is guilty of assault in the second degree. third § 219. A person who commits an assault, or an assault ra.; in and battery, not such as is specified in the foregoing sec- degree. tions of this chapter, is guilty of assault in the third degree. first § 220. Assault in the first degree is punishable by im- Assault in prisonment for not less than five nor more than ten years. degree, ished. second § 221. Assault in the second degree is punishable by imprisonment in a penitentiary or state prison for not less degree. than two nor more than five years, or by a fine of not more than one thousand dollars, or both. third § 222. Assault in the third degree is punishable by im. I.; in prisonment for not more than one year, or by a fine of not degree. more than five hundred dollars, or both. force or 223. To use or attempt, or offer to use, force or violence Use of upon or towards the person of another is not unlawful in violence, the following cases: 1. When necessarily committed by a public officer in the performance of a legal duty; or by any other person assisting him or acting by his direction; 2. When necessarily committed by any person in arresting one who has committed a felony, and delivering him to a public officer competent to receive him in custody; 3. When committed either by the party about to be in declared not unlawful, &c. jured or by another person in his aid or defense, in preventing or attempting to prevent an offense against his person, or a trespass or other unlawful interference with real or personal property in his lawful possession, if the force or violence used is not more than sufficient to prevent such offense; 4. When committed by a parent or the authorized agent of any parent, or by any guardian, master, or teacher, in the exercise of a lawful authority to restrain or correct his child, ward, apprentice or scholar, and the force or violence used is reasonable in manner and moderate in degree; 5. When committed by a carrier of passengers, or the authorized agents or servants of such carrier, or by any person assisting them, at their request, in expelling from a carriage, railway car, vessel or other vehicle, a passenger who refuses to obey a lawful and reasonable regulation prescribed for the conduct of passengers, if such vehicle has first been stopped and the force or violence used is not more than sufficient to expel the offending passenger, with a reasonable regard to his personal safety; 6. When committed by any person in preventing an idiot, lunatic, insane person, or other person of unsound mind, including persons temporarily or partially deprived of reason, from committing an act dangerous to himself or to another, or in enforcing such restraint as is necessary for the protection of his person or for his restoration to health, during such period only as shall be necessary to obtain legal authority for the restraint or custody of his person. CHAPTER VI. ROBBERY. SECTION 224. Robbery defined. 225. How force or fear must be employed. 226. Degree of force immaterial. 227. Taking property secretly not robbery. 228. Robbery in first degree. 229. Id.; second degree. 230. Id.; third degree. 231. Punishment of robbery in first degree. 233. Id.; in third degree. 224. Robbery is the unlawful taking of personal prop. Robbery erty, from the person or in the presence of another, against his will, by means of force, or violence, or fear of injury, immediate or future, to his person or property, or the person or property of a relative or member of his family, or of any one in his company at the time of the robbery. or fear must be § 225. To constitute robbery, the force or fear must be How force employed either to obtain or retain possession of the prop- employed. erty or to prevent or overcome resistance to the taking. If employed merely as a means of escape it does not constitute robbery. force im § 226. When force is employed in either of the ways Degree of specified in the last section, the degree of force employed is material. immaterial. property not rob § 227. The taking of property from the person of another Taking is robbery, when it appears that although the taking was secretly fully completed without his knowledge, such knowledge was prevented by the use of force or fear. bery. § 228. An unlawful taking or compulsion, if accom- Robbery plished by force or fear, in a case specified in the foregoing degree. sections of this chapter, is robbery in the first degree, when committed by a person, 1. Being armed with a dangerous weapon; or 2. Being aided by an accomplice actually present; or 3. When the offender inflicts grievous bodily harm or injury upon the person from whose possession, or in whose presence, the property is taken, or upon the wife, husband, servant, child, or inmate of the family of such person, or any one in his company at the time, in order to accomplish the robbery. § 229. Such unlawful taking or compulsion, when accomplished by force or fear, in a case specified in the foregoing sections of this chapter, but not under circumstances amounting to robbery in the first degree, is robbery in the second degree, when accomplished either 1. By the use of violence; or 2. By putting the person robbed in fear of immediate injury to his person or that of some one in his company. 230. A person who robs another, under circumstances not amounting to robbery in the first or second degree, is guilty of robbery in the third degree. § 231. Robbery in the first degree is punishable by imprisonment for not less than ten years nor more than twenty years. § 232. Robbery in the second degree is punishable by imprisonment for not less than five years nor more than fifteen years. § 233. Robbery in the third degree is punishable by imprisonment for not more than ten years. |