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CHAPTER 36.

AN ACT TO DEFINE AND PUNISH CERTAIN CRIMES, TO AMEND

AND REPEAL CERTAIN PORTIONS OF THE COMPILED LAWS
OF 1897 RELATING TO CRIMES, AND FOR OTHER PURPOSES.
C. S. C. B. No. 7; Approved March 18, 1907.

CONTENTS.

Sec. 1. Murder in the first degree defined. Murder in the second degree defined.
Sec. 2. Manslaughter defined. Two kinds.
Sec. 3. Punishments and penalties for murder first and second degrees and man.

slaughter.
Sec. 4. To assist another to commit seif-murder, manslaughter,
Sec. 5. Killing of unborn infant, murder second degree.
Sec. 6. Murder in second degree to administer drug, etc., with intent to destroy

vnborn infant. Sec. 7. Manslaughter for physician to cause death by administration of drugs, etc.,

while intoxicated. Sec. 8. Persons present at duels as seconds when death wo:ind inflicted, guilty of

murder second degree. Sec. 9. Changing words “murder in third degree" to "manslaughter" wherever

appearing in laws. Sec. 10. If husband and wife living together, justifiable to kill another having carnal

intercourse. Sec. 11. Murder in defense of life, family or property, justifiable. Sec. 12. Murder in first degree. When admissable to bail. Sec. 13. Crime of seduction. Penalty.' Provisions. Sec. !4, Teacher, instructor, superintendent having intercourse with female pupil,

crime. Penalty. Sec. 15. Justices of peace to have jurisdiction on larcenies. Sec. 16. Justices of peace to have jurisdiction in offenses under Section 1131, Laws

1897. Sec. 17. Penalties attached to crimes of larceny, embezzlement receiving stolen

property. Justices of the peace to have jurisdiction. When. Sec. 18. Carrying deadly weapon, misdemeanor. Penalty. Sec. 19. Amending Sections 1378, 1379 and 1381, Laws of 1897. Sec. 20. Amending Section 1380, Laws of 1897. Sec. 21. No person to be tried twice on same charge. Proviso. Sec. 22. Testimony before grand juries to be taken on type-writing machine. Saiary. Be it enacted by the Legislative Assembly of the Territory of New

Mexico: Section 1. All murder which shall be perpetrated by means of poison or lying in wait, torture, or by any kind of wilful, deliberate and premeditated killing, or which is committed in the perpetration of or attempt to perpetrate any felony, or perpetrated from a deliberate and premeditated design unlawfully and maliciously to affect the death of any human being, or perpetrated by any act greatly dangerous to the lives of others, and indicating a depraved mind regardless of human life, shall be deemed murder in the first degree;

and all other kinds of murder shall be deemed murder in the second degree.

Sec. 2. Manslaughter is the unlawful killing of a human being without malice. It is of two kinds: 1st. Voluntary: Upon a sudden quarrel or in the heat of passion.' 2nd. Involuntary: In the commission of an unlawful act not amounting to felony; or in the commission of a lawful act which might produce death, in an unlawful manner or without due caution and circumspection.

Sec. 3. Every person convicted of murder in the first degree shall suffer death; every person convicted of murder in the second degree shall be punished by imprisonment in the territorial penitentiary for any period of time not less than three years; every person convicted of manslaughter shall be punished by imprisonment in the territorial penitentiary for a period of time not less than one year nor more than ten years.

Sec. 4. Every person deliberately assisting another in the commission of self-murder shall be deemed guilty of manslaughter.

Sec. 5. The wilful killing of an unborn infant child by any injury to the mother of said child which would be murder if it resulted in the death of such mother shall be deemed murder in the second degree.

Sec. 6. Every person who shall administer to any woman 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 and shall have been advised by a physician to be ne. cessary for such purpose, shall, in case the death of such child or such mother be thereby produced, be deemed guilty of murder in the second degree

Sec. 7. If any physician while in a state of intoxication, shall, without design to effect death, administer any poison, drug or medicine, or do any other act to another person which shall produce the death of such person, he shall be deemed guilty of manslaughter.

Sec. 8. Every person who shall be the second of either party in such duel as is mentioned in Section 1077 of the Compiled Laws of 1897, and shall be present when such wound shall be inflicted whereof death shall ensue as mentioned in said section, shall be deemed to be an accessory before the fact to the crime of murder in the second degree.

Sec. 9. Wherever the words “murder in the third degree" appear in any of the laws of this Territory heretofore enacted and not by this act amended or repealed, the same shall be stricken out and the words "manslaughter" substituted therefor.

Sec. 10. Any person who kills another who is in the act of having carnal knowledge of such person's legal wife shall be deemed justifiable; Provided, That said husband and wife are not living separate but together as man and wife.

Sec. 11. Any person who shall kill another in the necessary defense of his life, his family or his property, or in legal defense of any illegal proceedings against himself, his wife or family, shall be adjudged not guilty.

Sec. 12. In cases where the offense charged is punishable with death and a trial has been had on such charge resulting in a mistrial by reason of the failure of the jury to agree upon a verdict, if it shall be made to appear to the court, on an examination upon a writ of habeas corpus, or otherwise, that not less thau six of the jurors impaneled to try such case voted against a verdict which would carry with it the death penalty, the defendant shall thereafter be admitted to bail, as in other cases whereiņ bail is allowed by law.

Sec. 13. Every person who under any promise of marriage shall induce any unmarried female of previous good repute for chastity, under the age of twenty one years, to permit him to have sexual intercourse with her, and does have sexual intercourse with such female, shall be deemed guilty of seduction, and on conviction thereof shall be punished by imprisonment in the territorial penitentiary for not more than three years nor less than one year, or by a fine of not more than three thousand dollars nor less than one thousand dollars, or both such fine and imprisonment in the discretion of the court, unless the accused shall before trial for the offense have married or in good faith offered to marry such female, and such offer has been by her rejected.

Sec. 14. Any person who, while engaged or acting in the capacity of superintendent, tutor or teacher in any private or public school in this Territory shall, with her consent, have sexual intercourse with any female student in any such private or public school, who is under the age of eighteen years, while such female student is under his direction or instruc: tion in any such school, or any tutor, teacher or instructor of any female person, under the age aforesaid, who shall in the manner aforesaid have sexual intercourse with any such female person while under his instruction shall, upon conviction thereof, be punished by imprisonment in the territorial penitentiary for not less than one year nor more than five years.

Sec. 15. Every justice of the peace shall have jurisdiction of all the larcenies mentioned in Section 1115 of the Compiled Laws of 1897, when the money or property stolen shall not exceed twenty dollars in value, in all of which cases the punishment shall be by fine not exceeding one hundred dollars, or by imprisonment in the county jail for any period nct exceeding three months, or both such fine and imprisonment in the discretion of the court.

Sec. 16. Justices of the peace shall have jurisdiction of all offenses arising under Section 1131 of the Compiled Laws of 1897 when the property so unlawfully obtained does not exceed in value the sum of twenty dollars, in all which cases the punishment shall be by fine not exceeding one hundred dollars, or by imprisonment in the county jail for any period not exceeding three months, or both such tine and imprisonment in the discretion of the court.

Sec. 17. Any person convicted of the crime of larceny or of the crime of embezzlement or of the crime of feloniously receiving stolen goods or property, shall be punished by im prisonment in the penitentiary for any period not less than one year nor more than ten years if the value of the property stolen, embezzled or feloniously received shall exceed twenty dollars; and by imprisonment in the county jail for any period not more than three months, or by fine not exceeding one hundred dollars, or both such fine and imprisonment in the discretion of the court if the value of the property shall be twenty dollars or less

Sec. 18. Any person who shall carry a deadly weapon, either concealed or otherwise in or about the settlements of this Territory, except it be in his or her residence or on his or her landed estate, if intoxicating liquors are not sold on any such premises, or in the lawful defense of his or her person, family or property, the same being then and there threatened with danger, or except such carrying be done by legal authority, upon conviction thereof shall be punished by a fine of not less than fifty dollars nor more than three hundred dollars or by imprisonment for a period of not less than sixty days nor more than six months, or both such fine and imprisonment in the discretion of the court; and any person violating the provisions of this section may be arrested without a warrant by any peace officer, and justices of the peace may try offenses detined in this section, and assess fines of not more than one hundred dollars or imprisonment of not more than three months in the county jail, or both, against the accused when convicted.

Sec. 19. Sections 1378, 1379 and 1381 of the Compiled Laws of 1897 are hereby amended by striking out the words for jury trying the same” at the end of each of said sections.

Sec. 20. Section 1380 of the Compiled Laws of 1897 is here. by amended by striking out the words "or jury trying the same” in the tenth line thereof.

Sec. 21. No person shall be twice put in jeopardy of liberty or iife for the same offense, nor shall any person be again put upon trial for the same offense after a verdict of not guilty, and the right of trial by jury shall remain inviolate: Provided, That where a person is tried under anindictment embracing several degrees and is convicted of one of the lesser degrees of the offense charge in any such indictment, if a new trial is granted by the judge trying such case, or if upon appeal or writ of error such case is reversed and remanded for new trial by the supreme court, such case shall be tried de novo, but in all such cases the defendant shall be deemed to have been acquitted of the degrees embraced in any such indictment higher than the degree of which he was convicted upon any former trial.

Sec. 22. The several district judges of this Territory shall be authorized to employ and appoint a competent person to reduce to writing upon a typewriting machine testimony given before grand juries; any person so employed and appointed shall be sworn in open court to accurately report such testimony and to keep secret all proceedings of the grand jury occurring in his or her presence, or in any way coming to his or her knowledge, by virtue of such position, and shall immediately upon the completion of the writing of the testimony in each case deliver the transcript thereof to the foreman of the grand jury, who shall require the witness giving such testimony to subscribe his name thereto. Persons employed in the aforesaid capacity shall receive as compensation not to exceed five dollars per day, to be paid out of the court fund by order of the court. No such testimony shall be taken in short hand, but all such shall be taken directly as delivered upon a typewriting machine. It shall be the duty of the foreman of the grand jury, upon completion of the investigation in any case, to deliver all such testimony to the district attorney.

Sec. 23. This act shall take effect and be in force from and after its passage and approval and Sections 1063, 1064, 1065, 1066, 1072, 1073, 1074, 1075, 1076, 1077, 1078, 1116, 1132, 1382, 3769 of the Compiled Laws of 1897 and all other acts and parts of acts in conflict herewith are hereby repealed: Provided, That no offense committed, and no fine, forfeiture or penalty incurred under existing laws previous to the time when this act takes effect shall be affected by the repeal herein of any such existing laws, but the punishment of such offenses and the recovery of such fines and forfeitures shall take place as if the law repealed had still remained in force.

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