PART IV. OF CRIMES, PUNISHMENTS, PROCEEDINGS IN TITLE I. OF CRIMES AND PUNISHMENTS. CHAPTER 158. Of the Rights of Persons accused. CHAPTER 159.-Of Offences against the Sovereignty of the Commonwealth. CHAPTER 161.-Of Offences against Property. CHAPTER 162.- Of Forgery and Offences against the Currency. CHAPTER 163.-Of Offences against Public Justice. CHAPTER 164.-Of Offences against the Public Peace. CHAPTER 165.-Of Offences against Chastity, Morality, and Decency. CHAPTER 166.-Of Offences against the Public Health. CHAPTER 167.-Of Offences against Public Policy. CHAPTER 168. — Of Felonies, Accessories, Abettors, and Attempts to commit ed of ground of arrest, &c. Penalty for &c. false answers, SECTION 1. Every person arrested by virtue of process, or taken into Persons arrestcustody by an officer in this state, has a right to know, from the officer ed to be informwho arrests or claims to detain him, the true ground on which the arrest is made; and an officer who refuses to answer a question relative to the reason for such arrest, or answers such question untruly, or assigns to the person arrested an untrue reason for the arrest, or neglects on request to exhibit to the person arrested, or any other person acting in his behalf, the precept by virtue of which such arrest is made, shall be punished by fine not exceeding one thousand dollars, or by imprisonment in the house of correction not exceeding one year. 1852, 224, § 1. Officer who ar rests, &c., on SECT. 2. Every officer who arrests, takes into or detains in custody, false pretences, a person in this state, pretending to have a process when he has none, how punished. or pretending to have a different process from that which he has, shall be punished by fine not exceeding one thousand dollars, or by impris onment in the house of correction not exceeding one year. 1852, 224, § 2. Offences to be SECT. 3. No person shall be held to answer in any court for an prosecuted by alleged crime or offence, unless upon indictment by a grand jury, except in the following cases: indictment, except, &c. R. S. 123, §1. First. When a prosecution by information is expressly authorized by statute; Second. In proceedings before a police tourt or justice of the peace; and, Third. In proceedings before courts martial. SECT. 4. The accused shall at his trial be allowed to be heard by counsel, may defend himself, and shall have a right to produce witnesses face to face. and proofs in his favor, and to meet the witnesses produced against him SECT. 5. No person indicted for an offence shall be convicted thereof, unless by confession of his guilt in open court, or by admitting the truth of the charge against him by his plea or demurrer, or by the verdict of a jury accepted and recorded by the court. SECT. 6. No person shall be held to answer on a second indictment for an offence of which he has been acquitted by a jury upon the facts and merits; but such acquittal may be pleaded by him in bar of any subsequent prosecution for the same offence, notwithstanding any defect in the form or substance of the indictment on which he was acquitted. SECT. 7. If a person is on his trial acquitted upon the ground of a variance between the indictment and the proof, or upon an exception to the form or substance of the indictment, he may be arraigned again on a new indictment, and tried and convicted for the same offence, notwithstanding such former acquittal. SECT. 8. No person shall be punished for an offence, unless duly and legally convicted thereof, in a court having competent jurisdiction of the cause and of the person. Treason defined. R. S. 124, § 1. Dec. of rights, art. 25. punishment of. 1852,259, § 1. See Ch. 170, § 54. misprision of. R. S. 124, § 3. 1859, 196. SECTION 1. Treason against this commonwealth shall consist only in levying war against the same, or in adhering to the enemies thereof, giving them aid and comfort. SECT. 2. Whoever commits treason against this commonwealth shall be punished by imprisonment in the state prison for life. SECT. 3. Whoever, having knowledge of the commission of treason, conceals the same, and does not as soon as may be disclose and make known such treason to the governor, or one of the justices of the supreme judicial court, or the superior court, shall be adjudged guilty of the offence of misprision of treason, and be punished by fine not exceeding one thousand dollars, or by imprisonment in the state prison not exceeding five years, or in the jail not exceeding two years. SECT. 4. No person shall be convicted of treason but by the testi- Treason, two mony of two lawful witnesses to the same overt act of treason whereof he stands indicted, unless he confesses the same in open court. witnesses re- 6. Forms of indictments not changed. 7. Petit treason abolished, &c. 8. Body of murderer may be dissected. 9. Murder in a duel out of state, &c., where prosecuted. 10. Accessory in such duel. 11. Former conviction, &c., out of the state, may be pleaded in bar. 12. Engaging in duel; challenging, &c. 13. Accepting or carrying challenge, and abetting a duel. 14. Posting another, &c. 15. Prize fighting. 16. Aiding, advising, &c., in such fight. 17. Leaving state to fight. 18. Manslaughter. 19. Maiming, disfiguring, or aiding therein. 20. Assault with intent to murder, maim, &c. SECTION 21. Attempt to murder by poisoning, &c. 22. Robbery, being armed, &c. 23. Assault with intent to rob, or murder, being armed. 24. Robbery, not being armed. 25. Assault with intent to rob or steal, not 26. Rape. 27. Assault with intent to commit rape. 28. Attempts to extort money, &c., by threats. 30. Kidnapping, &c., or selling for slave, &c. 32. Poisoning food, medicines, springs, &c. 34. Loss of life by negligence, &c., of carriers. 36. Drivers of stage coaches, &c., leaving 1858, 154, § 1. SECTION 1. Murder committed with deliberately premeditated malice Murder in first aforethought, or in the commission of, or attempt to commit, any crime 1 punishable with death or imprisonment for life; or committed with extreme atrocity or cruelty, is murder in the first degree. SECT. 2. Murder not appearing to be in the first degree is murder in gree. the second degree. SECT. 3. The degree of murder shall be found by the jury. second de1858, 154, § 2. Degree to be found by jury. SECT. 4. Whoever is guilty of murder in the first degree shall suffer 1858, 151, 3 y the punishment of death. 1858, 154, § 4. SECT. 5. Whoever is guilty of murder in the second degree shall be punished by imprisonment in the state prison for life. SECT. 6. Nothing herein shall be construed to require any modifica tion of the existing forms of indictment. 5 Cush. 295. SECT. 7. The distinction between murder and petit treason is abolished, and the last-named offence shall be prosecuted and punished as murder. SECT. 8. On every conviction of the crime of murder, the court may, in their discretion, order the body of the convict, after his execution, to be dissected, and the sheriff shall in such case deliver it to a professor of anatomy and surgery, in some college or public seminary, if requested; otherwise it shall, unless his friends desire it for interment, be delivered to any surgeon attending to receive it, and who will engage for the dissection thereof. SECT. 9. Whoever, being an inhabitant or resident of this state, by previous appointment or engagement made within the same, fights a duel without the jurisdiction of the state, and in so doing inflicts a mortal wound upon any person, whereof he afterwards dies within this state, Punishment in in second de- Forms not changed. Petit treason R. S. 133, § 15. Body of mur derer may be R. S. 125, § 2. Murder in a duel out of prosecuted. R. S. 125, § 3. R. S. 125, § 4. shall be deemed guilty of murder within this state, and may be indicted, tried, and convicted, in the county where the death happens. Accessory in SECT. 10. Whoever, being an inhabitant or resident of this state, by duel fought out of the state, &c. previous appointment or engagement made within the same, becomes the second of either party in such duel, and is present as a second when such mortal wound is inflicted, whereof death ensues within this state, shall be deemed to be an accessory before the fact to the crime of murder in this state, and may be indicted, tried, and convicted, in the county where the death happens. Former convic tion, &c., out of pleaded in bar. state, may be R. S. 125, § 5. Engaging in ing, &c. SECT. 11. Any person indicted under either of the two preceding sections, may plead a former conviction or acquittal of the same offence in any other state or country, and such plea, if admitted or established, shall be a bar to all further or other proceedings against him for the same offence within this state. SECT. 12. Whoever engages in a duel with a deadly weapon, al duel challeng- though no homicide ensues, or challenges another to fight such duel, or sends or delivers a written or verbal message purporting or intended to be such challenge, although no duel ensues, shall be punished by imprisonment in the state prison not exceeding twenty years, or by fine not exceeding one thousand dollars and imprisonment in the jail not exceed ing three years; and shall be incapable of holding, or of being elected or appointed to, any place of honor, profit, or trust, under the constitution or laws of this state, for the term of twenty years after such conviction. Accepting or carrying challenge; and abet ting a duel. R. S. 125, § 7. Posting another, &c. R. S. 125, § 8. Prize fighting. Aiding, advising, &c., in such fight. 1849, 49, § 2. 7 Gray, 324. Leaving state Manslaughter. Maiming, dis- SECT. 13. Whoever accepts such challenge, or knowingly carries or delivers any such challenge or message, whether a duel ensues or not, and whoever is present at the fighting of a duel with deadly weapons as an aid, second, or surgeon, or advises, encourages, or promotes, such duel, shall be punished by imprisonment in the jail not exceeding one year, or fine not exceeding five hundred dollars; and shall be incapaci tated, as mentioned in the preceding section, for the term of five years after such conviction. SECT. 14. Whoever posts another, or in writing or print uses any reproachful or contemptuous language to or concerning another for not fighting a duel, or for not sending or accepting a challenge, shall be punished by imprisonment in the jail not exceeding six months, or by fine not exceeding one hundred dollars. SECT. 15. Whoever by previous appointment or arrangement meets another person and engages in a fight, shall be punished by imprisonment in the state prison not exceeding ten years, or by fine not exceed ing five thousand dollars. SECT. 16. Whoever is present at such fight as an aid, second, or surgeon, or advises, encourages, or promotes, such fight, shall be punished by imprisonment in the state prison not exceeding five years, or by imprisonment in the jail not exceeding three years and fine not exceeding one thousand dollars. SECT. 17. Whoever, being an inhabitant or resident of this state, by previous appointment or engagement made therein, leaves the state and engages in a fight with another person, without the limits thereof, shall be punished by imprisonment in the state prison not exceeding five years, or by fine not exceeding five thousand dollars. SECT. 18. Whoever commits manslaughter shall be punished by imprisonment in the state prison not exceeding twenty years, or by fine not exceeding one thousand dollars and imprisonment in the jail not exceeding three years. SECT. 19. Whoever, with malicious intent to maim or disfigure, cuts out or maims the tongue, puts out or destroys an eye, cuts or tears off an ear, cuts, slits, or mutilates, the nose or lip, or cuts off or disables a limb or member, of any other person; and whoever is privy to such intent, or present aiding in the commission of such offence; shall be punished by imprisonment in the state prison not exceeding twenty years, or by fine not exceeding one thousand dollars and imprisonment in the jail not exceeding three years. intent to mur SECT. 20. Whoever assaults another with intent to murder, or to Assault with maim or disfigure his person in any of the ways mentioned in the pre- der, maim, &c. ceding section, shall be punished by imprisonment in the state prison R. S. 125, § 11. not exceeding ten years, or by fine not exceeding one thousand dollars and imprisonment in the jail not exceeding three years. murder by poí SECT. 21. Whoever attempts to commit murder by poisoning, Attempt to drowning, or strangling, another person, or by any means not consti- soning, . tuting the crime of assault with intent to murder, shall be punished by R. S. 125, § 12. imprisonment in the state prison not exceeding twenty years, or by fine not exceeding one thousand dollars and imprisonment in the jail not exceeding three years. armed, &c. R. S. 125, § 13. 17 Mass. 359. SECT. 22. Whoever assaults another, and feloniously robs, steals, Robbery, being and takes, from his person, money or other property which may be the subject of larceny; such robber being armed with a dangerous weapon, with intent if resisted to kill or maim the person robbed; or being so armed wounds or strikes the person robbed; shall be punished by imprisonment in the state prison for life. R. S. 125, § 14. 6 Met. 565. Assault with &c., being 8 Cush. 215. SECT. 23. Whoever, being armed with a dangerous weapon, assaults another with intent to rob or murder, shall be punished by imprisonment in the state prison not exceeding twenty years. SECT. 24. Whoever, by force and violence, or assault and putting in Robbery, not fear, feloniously robs, steals, and takes, from the person of another, R. 125, 15. being armed. money or other property which may be the subject of larceny, (such 7 Mass. 242. robber not being armed with a dangerous weapon,) shall be punished by imprisonment in the state prison for life, or for any term of years. SECT. 25. Whoever, not being armed with a dangerous weapon, assaults another with force and violence, and with intent to rob or steal, shall be punished by imprisonment in the state prison not exceeding ten years. Assault with intent to rob, armed. R. S. 125, § 16. Rape. 19 Pick. 479. See Ch. 170, § 51. SECT. 26. Whoever ravishes and carnally knows a female of the age of ten years or more, by force and against her will, or unlawfully and carnally knows and abuses a female child under the age of ten years, shall be punished by imprisonment in the state prison for life. SECT. 27. Whoever assaults a female, with intent to commit a rape, shall be punished by imprisonment in the state prison for any term of intent to com years, or for life, or by fine not exceeding one thousand dollars and imprisonment in the jail not exceeding three years. SECT. 28. Whoever, either verbally or by a written or printed communication, maliciously threatens to accuse another of any crime or offence, or by such communication maliciously threatens an injury to the person or property of another, with intent thereby to extort money or any pecuniary advantage whatever, or with intent to compel the person so threatened to do any act against his will, shall be punished by imprisonment in the state prison not exceeding fifteen years, or in the house of correction not exceeding ten years, or by fine not exceeding five thousand dollars, or by such imprisonment and fine. a Assault, with mit rape. R. S. 125, § 19, 4 Met. 354. Attempts to ex tort money, &c., by threats. 1853, 412. 12 allen that party shall tive slave. &c. SECT. 29. Whoever wilfully or falsely accuses another person of False accusacrime or offence, with intent that the party so accused shall be held to tion with intent answer any process, or be arrested on any process under the act of be held as fugicongress passed September eighteenth, A. D. eighteen hundred and fifty, When made by entitled, "An Act to amend the act respecting fugitives from justice, and public officer, persons escaping from the service of their masters," shall be punished by 1855, 116. fine of not less than one thousand, nor exceeding three thousand, dollars, and by imprisonment in the jail or house of correction not less than one year nor exceeding five years. A sheriff, constable, or other public officer, who makes such false or wilful accusation, with such intent, shall, 449 |