words, gestures, or threats, however opprobrious or violent, is not sufficient provocation. In re Bollin, 3 Okla. Cr. 725, 109 P. 288.

Information under second subdivision must allege that act was inflicted in a heat of passion and in a cruel and unusual manner, or in a heat of passion and by means of a dangerous weapon. Barker v. Terr., 15 Okla. 22.

1380. Liability of Physician-Any physician who, being in a state of intoxication, without a design to effect death, administers any poison, drug or medicine, or does any other act as such physician to another person, which produces the death of such other person, is guilty of manslaughter in the first degree. (2321 R. L. 1910.)

1381. Killing An Unborn Child-The wilful killing of an unborn quick child by any injury committed upon the person of the mother of such child, and not prohibited in the next following section, is manslaughter in the first degree. (2322 R. L. 1910.)

1382. Destroying Unborn Child-Any person who administers to any woman pregnant with a quick child, or who prescribes for such woman, or advises or procures any such woman to take any medicine, drug or substance whatever, or who uses or employs any instrument or other means with intent thereby to destroy such child, unless the same shall have been necessary to preserve the life of such mother, is guilty in case the death of the child or of the mother is thereby produced, of manslaughter in the first degree. (2323 R. L. 1910.)

1383. Punishment for Manslaughter-First Degree-Any person guilty of manslaughter in the first degree is punishable by imprisonment in the penitentiary for not less than four years. (2324 R. L. 1910.)

1384. Manslaughter in Second Degree-Any killing of one human being by the act, procurement or culpable negligence of another, which, under the provisions of this chapter, is not murder, nor manslaughter in the first degree, nor excusable nor justifiable homicide, is manslaughter in the second degree (2325 R. L. 1910.)

1385. Owner of Mischievous Animals-If the owner of a mischievous animal, knowing its propensities, wilfully suffers it to go at large, or keeps it without ordinary care, and such animal, while so at large or not confined, kills any human being who has taken all the precautions which the circumstances permitted, to avoid such animal, the owner is deemed guilty of manslaughter in the second degree. (2326 R. L. 1910.)

1386. Navigating Vessels-Any person navigating any vessel for gain who wilfully or negligently receives so many passengers or such a quantity of other lading on board such vessel that by means thereof such vessel sinks, or is overset or injured, and thereby any human being is drowned or otherwise killed, is guilty of manslaughter in the second degree. (2327 R. L. 1910.)

Vessel defined. sec. 952.

1387. Steamboats-Any captain or other person having charge of any steamboat used for the conveyance of passengers, or of the boilers or engines thereof, who from ignorance or gross neglect, or for the purpose of excelling any other boat in speed, creates or allows to be created such an undue quantity of steam as to burst or break the boiler or other apparatus in which it shall be generated, or any apparatus or machinery connected therewith, by which bursting or breaking any person is killed, is deemed guilty of manslaughter in the second degree. (2328 R. L. 1910.)

1388. Steam Engines-Any engineer or other person having charge of any steam boiler, steam engine or other apparatus for generating or employing steam, employed in any manufactory, railway or other mechanical works, who wilfully or from ignorance or gross neglect creates, or allows to be created, such an undue quantity of steam as to burst or break the boiler, engine or apparatus, or to cause any other accident whereby the death of a human being is produced, is guilty of manslaughter in the second degree. (2329 R. L. 1910.)

1389. Gunpowder-Any person guilty of making or keeping gunpowder or salpeter within any city or town, in any quantity or manner such as is prohibited by law or by any ordinance of said city or town, in consequence whereof any explosion occurs whereby any human being is killed, is guilty of manslaughter in the second degree. (2330 R. L. 1910.)

1390. Punishment for Manslaughter in Second DegreeAny person guilty of manslaughter in the second degree is punishable by imprisonment in the penitentiary not more than four years and not less than two years, or by imprisonment in a county jail not exceeding one year, or by a fine not exceeding one thousand dollars, or both fine and imprisonment. (2331 R. L. 1910.)

1391. Excusable Homicide-Homicide is excusable in the following cases:

First. When committed by accident and misfortune, in lawfully correcting a child or servant, or in doing any other lawful act, by lawful means, with usual and ordinary caution, and without any unlawful intent.

Second. When committed by accident and misfortune in the heat of passion, upon any sudden and sufficient provocation, or upon a sudden combat, provided that no undue advantage is taken nor any dangerous weapon used, and that the killing is not done in a cruel or unusual manner. (2332 R. L. 1910.)

1392. Justifiable Homicide By Officer-Homicide is justifiable when committed by a public officer and those acting by their command in their aid and assistance, either:

or,

First. In obedience to any judgment of a competent court;

Second. When necessarily committed in overcoming actual resistance to the execution of some legal process, or to the discharge of any other legal duty; or,

Third. When necessarily committed in re-taking felons who have been rescued, or who have escaped, or when necessarily committed in arresting felons fleeing from justice. (2333 R. L. 1910.)

1393. Justifiable Homicide by Other Persons-Homicide is also justifiable when committed by any person in either of the following cases:

First. When resisting any attempt to murder such person, or to commit any felony upon him, or upon or in any dwelling house in which such person is; or,

Second. When committed in the lawful defense of such person, or of his or her husband, wife, parent, child, master, mistress or servant, when there is a reasonable ground to apprehend a design to commit a felony, or do some great personal injury, and imminent danger of such design being accomplished; or,

Third. When necessarily committed in attempting, by lawful ways and means, to apprehend any person for any felony committed; or in lawfully suppressing any riot; or in lawfully keeping and preserving the peace. (2334 R. L. 1910.)

1394. Incestuous Marriages-Persons who, being within the degrees of consanguinity within which marriages are by the laws of the State declared incestuous and void, intermarry with each other, or commit adultery or fornication with each other, are punishable by imprisonment in the penitentiary. not exceeding ten years. (2443 R. L. 1910.)

Jurisdiction in, see sec. 495.

Previous acts of intercourse are admissible as showing a habitual course of conduct. When female is over age of consent and voluntarily acts with defendant, she is an accomplice. Williams v. State, 14 Okla. Cr. 195, 169 P. 655.

Marriage between ancestors and descendants of any degree, of a stepfather with a stepdaughter, stepmother with stepson, between uncles and nieces, aunts and nephews, except in cases where such relationship is only by marriage, between brothers and sisters of the half as well as the whole blood, and first cousins, or second cousins, are declared to be incestuous, illegal and void, and are expressly prohibited. (3884 R. L. 1910.)

ARTICLE XLIII.

INDECENT EXPOSURE.

1395. Indecent Exposures,

1396. Indecent Articles, by Whom Seized. 1397. To Destroy Indecent Articles.

1398. Indecent Articles Disposed of-Examination of Accused.

1395. Indecent Exposure Defined-Any person who wilfully and lewdly either:

First. Exposes his person, or private parts thereof, in any public place, or in any place where there are present other persons to be offended or annoyed thereby; or,

Second. Procures, counsels or assists any person so to expose himself, or to take any part in any model artist exhibition, or to make any other exhibition of himself to public view, or to the view of any number of persons, such as is offensive to decency, or is adapted to excite to vicious or lewd thoughts or acts; or,

Third. Writes or composes, stereotypes, prints, publishes, sells, distributes, or keeps for sale, or exhibits any obscene or indecent writing, paper or book, or designs or copies, draws or engraves, paints or otherwise prepares any obscene or indecent picture or print of any description, or molds, cuts, casts or otherwise makes any obscene or indecent figure or form is guilty of a misdemeanor. (2463 R. L. 1910.)

1396. Indecent Articles, By Whom Seized-Any person who is authorized or enjoined to arrest any person for a violation of subdivision three of the last section, is equally authorized and enjoined to seize any obscene or indecent writing, paper, book, picture, print or figure found in possession of or under the control of the person so arrested, and to deliver the same to the magistrate before whom the person so arrested is required to be taken. (2464 R. L. 1910.)

1397. To Destroy Indecent Articles-Upon the conviction of the accused, such county attorney shall cause any writing, paper, book, picture, print, or figure, in respect whereof the accused stands convicted and which remains in the possession or under the control of such county attorney to be destroyed. (2466 R. L. 1910.)