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984. Animals in Transit-Any person who carries or causes to be carried in or upon any vessel or vehicle, or otherwise, any animal in a cruel or inhuman manner, or so as to produce torture, is guilty of a misdemeanor. (2749 R. L. 1910.)

985. Administration of Poisonous Drugs. Any person who unjustifiably administers any poisonous or noxious drug or substitute to any animal, or unjustfiably exposes any such drug or substance with intent that the same shall be taken by an animal, whether such animal be the property of himself or another, is guilty of a misdemeanor. (2750 R. L. 1910)

986. Throwing Glass or Metal in Public Place-Any person who wilfully throws, drops, or places, or causes to be thrown, dropped or placed, upon any road, highway, street, or public place any glass, nails, pieces of metal, or other substance which might wound, disable or injure any animal, is guilty of a misdemeanor. (2751 R. L. 1910.)

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987. Arson Defined-Arson is the wilful and malicious burning of a building, with intent to destroy it. (2598 R. L. 1910.)

988. Building Defined-Any bridge, edifice, vessel, structure, house or other erection with walls or roof in whole or in part is a building within the meaning of the last section. (2599 R. L. 1910.)

989. Inhabited Building Defined-Any building is deemed an "inhabited building" within the meaning of this article, any part of which has usually been occupied by any person lodging therein at night. (2600 R. L. 1910.)

990. Night Time Defined-The words "night time," in this article, include the period between sunset and sunrise. (2601 R. L. 1910.)

991. Burning Defined-To constitute a burning within the meaning of the first section of this article it is not necessary that the building set on fire should be destroyed. It is sufficient that the fire is applied so as to take effect upon the substance of the building. (2602 R. L. 1910.)

992. Ownership Not Necessary-To constitute arson it is not necessary that another person than the accused should have had ownership in the building set on fire. It is sufficient that at the time of burning another person was rightfully in the possession of, or was actually occupying such building, or any part thereof. (2603 R. L. 1910.)

993. Variance in Proof-An omission to designate, or error in designating an indictment for arson, the owner or occupant of a bulding, shall not prejudice the proceedings thereupon, if it appears that upon the whole description given of the building it is sufficiently identified to enable the prisoner to prepare his defense. (2604 R. L. 1910.)

994. Malice Defined-Malice sufficient to constitute arson is inferred from proof that the prisoner committed an act of burning a building, and that some other person was rightfully in possession of or actually occupying any part thereof. It is not necessary that the accused should have had actual knowledge of such possession or occupancy or should have intended to injure any person. (2605 R. L. 1910.)

995. No Intent to Destroy-But the burning of a building under circumstances which show beyond a reasonable doubt that there was no intent to destroy it is not arson. 2606 R. L. 1910.)

996. Contiguous Buildings-Where any appurtenance to any building is so situated with reference to such building, or where any building is so situated with reference to another building that the burning of one will manifestly endanger the other, a burning of the one is deemed the burning of the other, within the foregoing definition of arson, and as against any person actually participating in the original setting fire, as of the moment when the fire from the one shall communicate to and burn the other. (2607 R. L. 1910.)

997. Degrees of Arson-Arson is divided in two degrees. Arson in the first degree is:

First: Maliciously burning in the night time an inhabited building in which there is at the time some human being, or

Second: Malciously burning in the night time a structure adjoining to or within the curtilage of an inhabited building in which there is at the time some human being, and in such a way that such inhabited building is endangered; or,

Third: Maliciously burning in the day time any inhabited building or structure in which merchandising is carried on; or, Fourth: Maliciously burning in the night time any uninhabited building in which merchandising is carried on, or in which there is at the time any cattle, horses, hogs or sheep. Arson committed in any other way is arson in the second degree. (2608 R. L. 1910.)

998. Punishment-Arson in the first degree is punishable by imprisonment in the penitentiary as follows:

First. If committed as designated in the first paragraph of the foregoing section, for a term of not less than twenty years, nor more than thirty years.

Second. If committed as designated in the second, third or fourth paragraphs of said section. not less than ten nor more than twenty years. (2609 R. L. 1910.)

999. Arson in the Second Degree-Arson in the second degree is punishable by imprisonment in the penitentiary as follows:

First. If committed in the night time, not less than five nor more than ten years.

Second. If committed in the day time, not less than two nor more than seven years. (2610 R. L. 1910.)

1000. Destroying Insured Property--Any person who wilfully burns or in any other manner injures or destroys any property whatever, which is at the time insured against loss or damage by fire, or by any other casualty, with intent to defraud or prejudice the insurer, whether the same be the property of such person or of any other, is punishable by imprisonment in the penitentiary not exceeding seven years, and not less than four. (2708 R. L. 1910.)

1001. False Proof of Loss in Insurance-Any person who presents or causes to be presented any false or fraudulent claim, or any proof in support of any such claim, upon any contract of insurance, for the payment of any loss, or who prepares, makes or subscribes any account, certificate, survey. affidavit, proof of loss or other book, paper or writing with intent to present or use the same, or to allow it to be presented or used in support of any such claim, is punishable by imprisonment in the penitentiary not exceeding three years, or by a fine not exceeding one thousand dollars, or both. (2709 R. L. 1910.)

1002. Burning Buildings or Grain-Any person who wilfully burns any building not the subject of arson, any stack of grain of any kind, or of any hay, any growing or standing grain, grass, trees, or fence, not the property of such person, is punishable by imprisonment in the penitentiary not exceeding four years and not less than one year, or by imprisonment in a county jail not exceeding one year. (2769 R. L. 1910.)

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1003. Assault Defined-An assault is any wilful and unlawful attempt or offer with force or violence to do a corporal hurt to another. (2340 R. L. 1910.)

1004. Battery Defined-A battery is any wilful and unlawful use of force or violence upon the person of another. (2341 R. L. 1910.)

1005. When Force Not Unlawful-To use or to attempt to offer to use force or violence upon or toward the person of another is not unlawful in the following cases:

First: When necessarily committed by a public officer in the performance of any legal duty, or by any other person assisting him or acting by his direction.

Second: When necessarily committed by any person in arresting one who has committed any felony, and delivering him to a public officer competent to receive him in custody.

Third: When committed either by the party about to be injured, or by any other person in his aid or defense, in preventing or attempting to prevent an offense against his person, or any trespass or other unlawful interference with the real or personal property in his lawful possession; provided the force or violence used is not more than sufficient to prevent such offense.

Fourth: When committed by a parent or the authorized agent of any parent, or by any guardian, master or teacher, in the exercise of a lawful authority to restrain or correct his child, ward, apprentice or scholar, provided restraint or correction has been rendered necessary by the misconduct of such child, ward, apprentice or scholar, or by his refusal to obey the lawful command of such parent or authorized agent or guardian, master or teacher, and the force or violence used is reasonable in manner and moderate in degree.

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