CHAPTER VII

(As AMENDED BY THE ACT OF JUNE 30, 1860)

 

MURDER—MANSLAUGHTER.

 

CONTENTS.

SECTION 1.  Murder defined.

2.  Malice aforethought to be presumed.

3.  Murder punishable by death.

4.  Disposition of the convict’s dead body.

5.  Definition of manslaughter.

6.  Degrees of manslaughter.

7.  Punishment in the first degree.

8.  Punishment in the second degree.

9.  Punishment in the third degree.

10.  Punishment if found guilty of assault and battery.

11.  Death to ensue within a year and a day.

12.  Liabilities as to offences committed previous to the law of 1860.

 

1. Murder is the killing of any human being with malice aforethought, without authority, justification or extenuation by law.

 

2. When the act of killing another is proved, malice aforethought glint shall be presumed, and the burthen shall rest upon the party who committed the killing to show that it did not exist, or a legal justification or extenuation therefor.

 

3. Whoever is guilty of murder shall be punished by death.

 

4. In every case of sentence to punishment by death, the court may, in their discretion, order the body of the convict to be dissected, and the marshal in such case shall deliver the dead body to any surgeon who may wish to have the body for dissection.

 

5. Whoever kills a human being without malice aforethought, and without authority, justification or extenuation by law, is guilty of the offense of manslaughter.

 

6. Manslaughter is of three degrees, and the jury under an indictment for murder or manslaughter may return a verdict of manslaughter in either degree, or of assault and battery, as the facts proved will warrant.

 

7. Whoever is guilty of manslaughter in the first degree shall be punished by imprisonment at hard labor, for a term of years not less than ten, nor more than twenty, in the discretion of the court.

 

8. Whoever is guilty of manslaughter in time second degree shall be punished by imprisonment at hard labor, not mere titan ten years or less than five years.

 

9. Whoever is guilty of manslaughter in the third degree shall be punished by imprisonment at hard labor net more than five years, or by a fine not more than one thousand dollars, in the discretion of the court.

 

10.  Whoever, under an indictment for murder, or manslaughter, shall be found guilty of assault and battery, as provided in section 6 of this chapter, shall be punished by imprisonment at hard labor net more than two years, or by a fine not exceeding five hundred dollars in the discretion of the court.

 

11.  No person shall be adjudged to have killed another unless death ensues within a year and a day front the injury inflicted.

 

12.  Chapter VII of the Penal Code is hereby repealed from and after the passage of this chapter: Provided, however, that such repeal shall not affect any offense committed or penalty or forfeiture incurred under said chapter, but that the same shall remain in full force in respect to the liability of any person to be proceeded against, or against whom proceedings are pending, for any offense committed under said chapter.