person and thereby to commit extortion or robbery, or exact from the relatives or friends of such person any money or valuable thing, is guilty of a felony, and shall be punished therefore by imprisonment in the state's prison for life, or any number of yeors not less than ten. 1901-98. 211. Robbery, defined. 211a. Degrees, defined. CHAPTER IV. Robbery. 212. What fear element in rob- 213. Punishment of robbery. 211. Robbery is the felonious taking of personal property in the possession of another, from his person or immediate presence, and against his will, accomplished by means of force or fear. 211a. All robbery which is perpetrated by torture or by a person being armed with a dangerous or deadly weapon is robbery in the first degree. All other kinds of robbery are of the second degree. 212. The fear mentioned in the last section may be either: One, The fear of an unlawful injury to the person or property of the person robbed, or of any relative of his or member of his family; or, Two. The fear of an immediate and unlawful injury to the person or property of any one in the company of the person robbed at the time of the robbery. 1874-427. 213. Robbery is punishable by imprisonment in the state prison as follows: 1. Robbery in the first degree for not less than five years. 2. Robbery in the second degree, for not less than one year. 214. Every person who goes upon or boards any railroad train, car or engine, With the intention of robbing any passenger or other person on such train, car or engine, of any personal property thereon in the possession or care or under the control of any such passenger or other person, or who interferes in any manner with any switch, rail, sleeper, viaduct, culvert, embankment, structure or appliance pertaining to or connected with any railroad, or places any dynamite or other explosive substance or material upon or near the track of any railroad, or who sets fire to any railroad bridge or trestle, or who shows, masks, extinguishes or alters any light or other signal, or exhibits or compels any other person to exhibit any false light or signal, or who stops any such train, car or engine, or slackens the speed thereof, or who compels or attempts to compel any person in charge or control thereof to stop any such train, car or engine, or slacken the speed thereof, with the intention of robbing any passenger or other person on such train, car or engine, of any personal property thereon in the possession or charge or under the control of any such passenger or other person, is guilty of a felony. 1905-653. CHAPTER V. Attempts to Kill. 218. Train wrecking. 216. Administering poison. 217. Assault to commit murder. 219. Trains, when wrecked, punishment. 216. Every person who, with intent to kill, administers, or causes or procures to be administered, to another, any poison or other noxious or destructive substance or liquid, but by which death is not caused, is punishable by imprisonment in the state prison not less than ten years. 217. Every person who assaults another with intent to commit murder, is punishable by imprisonment in the state prison not less than one nor more than fourteen years. 218. Every person who unlawfully throws out a switch, removes a rail, or places any obstruction on any railroad with the intention of derailing any passenger, freight or other train, car or engine, or who unlawfully places any dynamite or other explosive material or any other obstruction upon or near the track of any railroad with the intention of blowing up or derailing any such train, car or engine, or who unlawfully sets fire to any railroad bridge or trestle, over which any such train, car or engine, must pass, with the intention of wrecking such train, car or engine, is guilty of a felony. 1905-654. 219. Every person who unlawfully throws out a switch, removes a rail, or places any obstruction on any railroad with the intention of derailing any passenger, freight or other train, car or engine and thus derails the same, or who unlawfully places any dynamite or other explosive material or any other obstruction upon or near the track of any railroad with the intention of blowing up or derailing any such train, car or engine and thus blows up or derails the same, or who unlawfully sets fire to any railroad bridge or trestle over which any such train, car or engine must pass with the intention of wrecking such train, car or engine, and thus wrecks the same, is guilty of a felony and punishable with death or imprisonment in the state prison for life at the option of the jury trying the case. 1905-655. CHAPTER VI. Assaults with Intent to Commit Felony, Other than Assaults with Intent to Murder. 221. Other assaults. 220. Assault, intent to commit rape. 222. Drugs, giving stupefying. 220. Every person who assaults another with intent to commit rape, the infamous crime against nature, mayhem, robbery, or grand larceny, is punishable by imprisonment in the state prison not less than one nor more than fourteen years. 221. Every person who is guilty of an assault, with intent to commit any felony, except an assault with intent to commit murder, the punishment for which assault is not prescribed by the preceding section, is punishable by imprisonment in the state prison not exceeding five years, or in a county jail not exceeding one year, or by fine not exceeding five hundred dollars, or by both. 222. Every person guilty of administering to another any chloroform, ether, laudanum, or other narcotic, anesthetic, or intoxicating agent, with intent thereby to enable or assist himself or any other person to commit a felony, is guilty of a felony. 225. A duel is any combat with deadly weapons, fought between two or more persons, by previous agreement or upon a previous quarrel. 226. Every person guilty of fighting any duel, from which death ensues within a year and a day, is punishable by imprisonment in the state prison not less than one nor more than seven years. 227. Every person who fights a duel, or who sends or accepts a challenge to fight a duel, is punishable by imprisonment in the state prison or in the county jail not exceeding one year. 1874-428. 228. Any citizen of this state who shall fight a duel with deadly weapons, or send or accept a challenge to fight a duel with deadly weapons, either within this state or out of it, or who shall act as second, or knowingly aid or assist in any manner those thus offending, shall not be allowed to hold any office of profit, or to enjoy the right of suffrage, and shall be declared so disqualified in the judgment, upon conviction. 1880-8. 229. Every person who posts or publishes another for not fighting a duel, or for not sending or accepting a challenge to fight a duel, or who use any reproachful or contemptuous language, verbal, written, or printed, to or concerning another, for not sending or accepting a challenge to fight a duel, or with intent to provoke a duel, is guilty of a misdemeanor. 230. Every judge, justice of the peace,, sheriff, or other officer bound to preserve the public peace, who has knowledge of the intention on the par. of any persons to fight a duel, and who does not exert his offical authority to arrest the party and prevent the duel, is punishable by a fine not exceeding one thousand dollars. 231. Every person who leaves this state with intent to evade any of the provisions of this chapter, and to commit any act out of the state such as is prohibited by this chapter, and who does any act, although out of this state, which would be punishable by such provisions if committed within this state, is punishable in the same manner as he would have been in case such act had been committed within this state. 232. No person shall be excused from testifying or answering any question upon any investigation or trial for a violation of either of the provisions of this chapter, upon the ground that his testimony might tend to convict him of a crime. But no evidence given upon any examination of a person so testifying shall be received against him in any criminal prosecution or proceeding. CHAPTER VIII. False Imprisonment. 237. Same, how punished. 236. False imprisonment, defined 236. False imprisonment is the unlawful violation of the personal liberty of another. 237. False imprisonment is punishable by fine not exceeding five hundred dollars, or by imprisonment in the county jail not more than one year, or by both. If such false imprisonment be effected by violence, menance, fraud, or deceit, it shall be punishable by imprisonment in the state prison for not less than one nor more than ten years. 1901-53. 240. An assault is an unlawful attempt, coupled with a present ability, to commit a violent injury on the person of another. 241. An assault is punishable by fine not exceeding five hundred dollars or by imprisonment in the county jail not exceeding six months, or by both. 1911-687. 242. A battery is any willful and unlawful use of force or violence upon the person of another. 243. A battery is punishable by a fine of not exceeding one thousand dollars, or by imprisonment in the county jail not exceeding six months, or by both. 1881-11. 244. Every person who willfully and maliciously places or throws or causes to be placed or thrown, upon the person of another, any vitriol, corrosive acid, or caustic chemical of any nature, with the intent to injure the flesh or disfigure the body of such person, is punishable by imprisonment in the state prison not less than one nor more than fourteen years. 245. Every person who commits an assault upon the person of another with a deadly weapon or instrument, or by any means or force likely to produce great bodily injury, is punishable by imprisonment in the state prison, or in a county jail, not exceeding ten years, or by fine not exceeding five thousand dollars, or by both. 1921-86. 246. Every person undergoing a life sentence in a state prison of this state, who, with malice aforethought, commits an assault upon the person of another with a deadly weapon or instrument, or by any means of force likely to produce great bodily injury, is punishable with death. 1901-6. 248. Libel, defined. CHAPTER X. 249. Punishmenth of libel. 250. Malice presumed. 251. Truth admissible, law and fact for jury. 252. Publication, defined. 253. Liability editors and pub- 254. Extent of privilege. |