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Oct 19, 1864, $708.

In prosecu

§ 2028. [765.] In all criminal prosecutions for libel, the truth may be given in evidence, and if it shall tions for libel, appear to the jury that the matter charged as libelous is true and was published with good motives and justifiable ends, the defendant must be found not guilty.

truth may be given in

evidence.

Id., §709.

§ 2029. [766.] An injurious publication is presumed Presumption, to have been malicious if no justifiable end or good motive is shown for making it.

in case of injurious

publication.

Id., 710.

"Dwelling

house," defini

§ 2030. [767.] Any building is deemed a "dwellinghouse" within the meaning of the sections of this code tion of, in rela- defining the crime of arson, any part of which has usually been occupied by any person lodging therein at night.

tion to arson.

7 Or. 209.

Id., 711.

"Dwelling

house," definition of, in relation to burglary.

Id., § 712.

§ 2031. [768.] Any building is deemed a "dwellinghouse" within the meaning of the sections of this code defining the crime of burglary, any part of which has usually been occupied by any person lodging therein at night, and any structure joined to and immediately connected with such building.

§ 2032. [769.] The words "night-time," when used "Night-time," in this code in reference to the commission of the crimes of arson or burglary, include the period between sunset and sunrise.

definition of,

in relation to

arson and burglary.

Id., § 713.

§ 2033. [770.] Whenever the terms mentioned in Certain terms the following sections are employed in this code, they are deemed to be employed in the senses hereafter affixed to them, except when a different sense plainly appears.

presumed to be used in a certain sense.

Id., § 714.
"Willfully,"
import of.

Id., 715.
"Neglect,"

§ 2034. [771.] The term "willfully," when applied to the intent with which an act is done or omitted, implies simply a purpose or willingness to commit the act or omission referred to, and does not require any intent to violate law, to injure another, or to acquire any advantage.

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“Willfully” is equivalent to "knowingly ": Wong v. Astoria, 13 Or. 538. § 2035. [772.] The terms "neglect," "negligence," "negligence," "negligent," and "negligently," when so employed, import a want of such attention to the nature or probable consequences of the act or omission referred to, as a

"negligent," and "negligently,'

import of.

prudent man ordinarily bestows in acting in his own Oct. 19, 1864,

concerns.

§ 715.

import of.

§ 2036. [773.] The term "corruptly," when so em- Id., § 716. ployed, imports a wrongful design to acquire some pecu- "Corruptly," niary or other advantage to the person guilty of the act or omission referred to.

"Malice," and

§ 2037. [774.] The terms "malice" and "mali- Id., § 717. ciously," when so employed, import a wish to vex, annoy, "maliciously," or injure another person, established either by proof or import of. presumption of law.

§ 2038. [775.] The term "wrongfully," when applied Id., 718. to the commission of an act, implies simply that the act Wrongfully," was done in violation of right or without authority of law.

import of.

§ 2039. [776.] The term "wantonly," when applied Id., §719. to the commission of an act, implies that the act was "Wantonly," import of. done with a purpose to injure or destroy without cause and without reference to any particular person.

"Knowingly,"

§ 2040. [777.] The term "knowingly," when so im- Id., $720. plied, imports only a knowledge that the facts exist, import of. which bring the act or omission within the provisions of this code, and does not require any knowledge of the Id., $721.

unlawfulness of such act or omission.

"Signature," what it includes.

§ 2041. [778.] The term "signature," includes any a., $722. name, mark, or sign written with intent to authenticate any instrument or writing.

The term "writing" includes

Id., § 723.

§ 2042. [779.] The term "writing" includes printing. printing. § 2043. [780.] The term "property" includes both real and personal property.

The term
"property"
includes both.

son," what it

§ 2044. [781.] The word "person" includes corpora- real and tions as well as natural persons; and where such word is 1a., § 724. used to designate the party whose property may be the The term "persubject of a crime, it included this state, any other state, includes. government, or country, which may lawfully own any property in this state, and all municipal or public corporations, and private corporations, as well as individuals.

Id., § 725.

§ 2045. [782.] The singular number includes the The singular plural, and the plural the singular.

number includes the plural.

Oct. 19, 1864, $726.

Masculine gender, what it comprehends. Id., 727.

Intent to

defraud, what sufficient.

Id., 728.

Criminal prosecution

other remedy or penalty.

§ 2046. [783.] Words used in the masculine gender comprehend as well the feminine and the neuter..

§ 2047. [784.] Whenever, by any provision of this code, an intent to defraud is necessary to constitute a crime, it is sufficient if an intent appears to defraud any person, body politic, or corporation whatever.

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§ 2048. [785.] The omission to specify or affirm in this code any liability to any damages, penalty, or forfeitnot to exclude ure, or other remedy imposed by law, and allowed to be recovered or enforced in any civil action or proceeding, for any act or omission, declared punishable herein, does not affect any right to recover or enforce the same.

Id., § 729. Morbid propensity to

§ 2049. [786.] A morbid propensity to commit prohibited acts, existing in the mind of a person, who is commit crime. not shown to have been incapable of knowing the wrongfulness of such acts, forms no defense to a prosecution. therefor.

Id., § 730.

to be construed as a penal statute.

§ 2050. [787.] The rule of the common law that peThis code not nal statutes are to be strictly construed has no application to this code, but all its provisions are to be construed according to the fair import of their terms, with a view to effect its objects and to promote justice.

"This code." - This is the last section of the "Act to provide a Code of Criminal Procedure, approved October 19, 1864," embracing in this compilation all those sections which appear in the marginal references to the parts of that act.

FORMS OF INDICTMENTS.

APPENDIX.

REFERRED TO IN SECTION 1270 [71] OF THIS CODE, AND

CONTAINING THE MANNER OF STATING THE ACT CON-
STITUTING THE CRIME.

[The manner of stating the acts constituting a crime, here provided, are declared by § 1270 [71] to be sufficient, in all cases where applicable. In State v. Spencer, 6 Or. 152, it is held that these forms are sufficient where applicable. In State v. Dodson, 4 Id. 64, the counsel contended that the appendix containing these forms was not part of the statute, and that they were not sufficient; but the court held that the position was not well taken.]

No. 1.

In an indictment for murder.

Purposely and of deliberate and premeditated malice, killed CD by (shooting him with a gun or pistol, or by administering to him poison, or by pushing him into the water whereby he was drowned, or by throwing him from the window of a building, or by means unknown to the grand jury, as the case may be).

No. 2.

In an indictment for murder committed in the commission or attempt to commit rape, arson, robbery, or burglary. Was engaged in the commission (or attempt to commit, as the case may be) of arson, by (stating it, as in an indictment therefor). And the said A C, while engaged in the commission (or attempt to commit, as the case may be) of such arson, by his act killed C D, by (striking him with a club, or by other means, or means unknown to the grand jury, to be stated as in No. 1).

Oct. 19, 1864.

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In an indictment for murder in the second degree. Purposely and maliciously killed C D by (shooting him a gun or pistol, or by other means, to be stated as in No. 1).

No. 4.

In an indictment for murder in the second degree committed
in the commission or attempt to commit a felony.
Was engaged in the commission (or attempt to commit,
as the case may be) of the following felony (stating it,
as in an indictment therefor).

And the said A B, while engaged in the commission (or attempt, as the case may be), by his act killed C D, by (striking him with a club, or by other means, to be stated as in No. 1).

No. 5.

In an indictment for manslaughter.

Voluntarily killed C D by (shooting him with a gun or pistol, or by other means, to be stated as in No. 1).

No. 6.

Manslaughter by assisting another to commit self-murder. Purposely and deliberately assisted or procured one C D to commit self-murder, which crime the said C D then and there committed, by (hanging himself by the neck until he was dead, or by other means, to be stated as in No. 1).

No. 7.

In an indictment for rape.

Forcibly ravished C D, a woman of the age of fourteen. years or upwards, or carnally knew a female child under the age of fourteen years (as the case may be).

No. 8.

In an indictment for arson.

Willfully and maliciously set fire to (or burned) in the night-time, a dwelling-house of another, namely C D (or whose name is unknown to the grand jury).

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