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property seized.

shall be made, or to any constable, marshal, or police officer Confiscation of within said county directing him, them, or any of them to search for, seize, and take possession of, such obscene and indecent books, papers, articles, and things, and said court or justice of the peace shall, upon conviction of the person or persons offending, under the law, any of the provisions of this act, forthwith in the presence of the person or persons upon whose complaint the said seizure or arrest is made, if he or they shall, after notice thereof, elect to be present, destroy, or cause to be destroyed, the aforesaid books, papers, articles or things, and shall cause to be entered upon the records of his court the fact of such destruction.

XI.-WILLFUL KILLING, OR INJURY TO PERSON:

MURDER, DUELLING, MANSLAUGHTER, MAIMING, ATTEMPT TO
MURDER, ASSAULTS, ROBBERY, THREATS TO EXTORT MONEY,
RAPE, COMPULSION ΤΟ MARRY, ENTICING FEMALES AND
CHILDREN, UNLAWFUL CONFINING PERSONS, POISONINg food,
DRINK, MEDICINES, WELLS, ETC., EXPOSURE OF CHILDREN,
KILLING UNBORN CHILDREN, PROCURING MISCARRIAGE,
CARELESS USE OF FIRE-ARMS, ETC.

Murder of the first deg ee.

5 Mich. Rep., 1.

OFFENSES AGAINST THE LIVES AND PERSONS OF INDIVIDUALS.* From Chap. 153 of Revised Statutes of 1846, Chap. 244 of Comp. Laws of 1871, where not otherwise stated.

514. (7510.) SECTION 1. All murder which shall be perpe15 Ill. Rep., 517. trated by means of poison, or lying in wait, or any other kind of 4 Mich. Rep., 67. willful, deliberate, and premeditated killing, or which shall be 8 Mich. Rep.,337. committed in the perpetration, or attempt to perpetrate, any arson, rape, robbery, or burglary, shall be deemed murder of the first degree, and shall be punished by solitary confinement at hard labor in the State prison for life.-§ 9075.

4 Curtis, 314. Sec. 8119.

Murder of the second degree.

1 Mich. Rep., 451,

515. (7511.) SEC. 2. All other kinds of murder shall be deemed murder of the second degree, and shall be punished by 5 Mich. Rep., 1. imprisonment in the State prison for life, or any term of years, in the discretion of the court trying the same.-§ 9076.

17 Mich. Rep.,

429.

18 Mich. Rep., 314.

be determined.

516. (7512.) SEC. 3. The jury before whom any person Degree, how to indicted for murder shall be tried shall, if they find such person guilty thereof, ascertain in their verdict, whether it be murder of the first or second degree; but if such person shall be convicted by confession, the court shall proceed by examination of witnesses to determine the degree of the crime, and shall render judgment accordingly.—§ 9077.

* Inasmuch as the laws which protect individual life from willful assault are an important defense to public safety, it is deemed proper to insert this chapter. Howell's references to cases adjudicated, and some of the sections of the chapter are here omitted.

MURDER AND DUELS.

out of state,

139

murder within

125, Sec. 3.

517. (7513.) SEC. 4. Every person, being an inhabitant or Fighting duel resident of this State, who shall, by previous appointment or when deemed engagement made within the same, fight a duel without the juris turne diction of this State, or who shall fight a duel within this State, Mass. R. S. Ch. and in so doing shall inflict a mortal wound upon any person, whereof the person so injured shall afterwards die within this State, shall be deemed guilty of murder in the first degree, within this State, and may be indicted, tried, and convicted in the county where such death shall happen.-§ 9078. 518. (7514.) SEC. 5. Every person, being an inhabitant or Seconds in such resident of this State, who shall be the second of either party in such duel as is mentioned in the preceding section, and shall be present as a second when such mortal wound is inflicted, whereof death shall ensue 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 shall happen, or in which such wound shall have been inflicted.-§ 9079.

case.

challenging, etc.

Rev. of 18:7, 163

330.

bid 400.

519. (7516.) SEC. 7. Every person who shall engage in a Fighting duel, duel with any deadly weapon, although no homicide ensue, or Cass Code, 24. who shall challenge another to fight such duel, or shall send or Code of 1820, 207 deliver any written or verbal message, purporting or intended to Thatcher's C. C. be such challenge, although no duel ensue, shall be punished by imprisonment in the State prison not more than ten years, or by a fine not exceeding one thousand dollars, and imprisonment in the county jail not more than three years, and shall also 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. § 9081.

challenge,

520. (7517.) SEC. 8. Every person who shall accept any Accepting such challenge, or who shall knowingly carry or deliver any such aiding, etc. challenge or message, whether a duel ensue or not, and every person who shall be present at the fighting of a duel with deadly weapons, as an aid or second, or surgeon, or who shall advise, encourage, or promote such duel, shall be punished by imprisonment in the county jail not more than one year, or by fine not exceeding five hundred dollars, and shall also be incapacitated, as mentioned in the preceding section.-§ 9082.

for not accept

521. (7518.) SEC. 9. If any person shall post another, or, in Posting, etc., writing or print, shall use any reproachful or contemptuous lan- ing challenge, guage, to or concerning another, for not fighting a duel, or for etc. not sending or accepting a challenge, he shall be punished by imprisonment in the county jail not more than six months, or by fine not exceeding one hundred dollars.-§ 9083.

manslaughter.

8

522. (7519.) SEC. 10. Every person who shall commit the Punishment for crime of manslaughter shall be punished by imprisonment in the 3 Mich., 337. State prison not more than fifteen years, or by fine not exceeding one thousand dollars, or both, at the discretion of the court.§ 9084.

523. (7520.) SEC. 11. If any person, with malicious intent Maiming or disto maim or disfigure, shall cut out or maim the tongue, put out aiding therein.

figuring, or 7 Mass., 245,

1

Assault with

etc.

or destroy an eye, cut or tear off an ear, cut or slit or mutilate the nose or lip, or cut off or disable a limb or member of any other person, every such person, and every person privy to such intent, who shall be present, aiding in the commission of such offense, shall be punished by imprisonment in the State prison not more than ten years, or by fine not exceeding one thousand dollars, or both, at the discretion of the court.-§ 9085.

524. (7521.) SEC. 12. If any person shall assault another intent to malm, with intent to maim or disfigure his person in any of the ways mentioned in the preceding section, he shall be deemed a felonious assaulter, and shall be punished by imprisonment in the State prison not more than ten years, or by fine not exceeding one thousand dollars, or both, at the discretion of the court.-§ 9086.

Penalty for sending explo

sives, etc., for purpose of doing

injury to persons.

Punishment for injuring or

putting in fear any person for

committing bank robbery, etc.

Punishment for

assault with intent to do

great bodily

harm.

Act No. 202, Laws of 1879, entitled, "An act to prevent and punish the sending of any explosive substance to a person with intent to do bodily harm."

525. SECTION 1. The People of the State of Michigan enact, That if any person shall unlawfully and maliciously send or deliver to, or cause to be taken or received by any person, any kind of explosive substance, or any other noxious or dangerous thing, with intent in so doing to burn, maim, disfigure, or disable any person, or do bodily harm to any person, and every person privy to such intent, who shall aid in the commission of such offense, when death shall not result, shall be punished by imprisonment in the State prison not exceeding five years.—§

9118.

Act No. 111, Laws of 1877, entitled, "An act relating to the punishment of bank, safe, and vault robbery."

526. SECTION 1. The People of the State of Michigan enact, That whoever, with the intent to commit the crime of larceny or any felony, shall confine, maim, injure, or wound, or attempt, or threaten to confine, kill, maim, injure, or wound, or shall put in fear any person for the purpose of stealing from any building, bank, safe, or other depository of money, bonds or other valuables, or shall by intimidation, fear, or threats compel or attempt to compel any person to disclose or surrender the means of opening any building, bank, safe, vault, or other depository of money, bonds, or other valuables, or. shall attempt to break, burn, blow up, or otherwise injure or destroy any safe, vault, or other depository of money, bonds, or other valuables in any building or place, shall, whether he succeeds or fails in the perpetration of such larceny or felony, be punished by imprisonment in the State prison for life or any term of years.-§ 9121.

Act No. 71, Laws of 1883, entitled, "An act to punish persons guilty of assault with intent to do great bodily harm."

527. SECTION 1. The People of the State of Michigan enact, That any person who shall assault another with intent to do great bodily harm, less than the crime of murder, shall be punished by imprisonment in the State prison, not more than ten

MURDEROUS AND OTHER ASSAULTS AND THREATS.

years, or by fine not exceeding eight hundred dollars, or by both, in the discretion of the court.-§ 9122a.

141

attempting to

528. (7522.) SEC. 13. If any person shall attempt to commit Penalty for the crime of murder by poisoning, drowning, or strangling murder by another person, or by any means not constituting the crime of poisoning, etc. assault with intent to murder, every such offender shall be punished by imprisonment in the State prison for life, or any number of years. As amended by Act 147 of 1875.—§ 9087.

tent to murder.

6 Mich., 287.

19 Mich., 322.

'robbing, etc.,

529. (7523.) SEC. 14. If any person shall assault another Assault with inwith intent to commit the crime of murder, every such offender 4 Blackford, 528. shall be punished by imprisonment in the State prison for life, 10 Mich., 212. or any number of years.-§ 9088. 530. (7524.) SEC. 15. If any person shall assault another, Assault and and shall feloniously rob, steal, and take from his person any from 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 if, being so armed, he shall wound or strike the person robbed, he shall be punished by imprisonment in the State prison for life, or any number of years.- 9089.

being armed.

armed, etc.

531. (7525.) SEC. 16. If any person, being armed with a dan- Penalty for gerous weapon, shall assault another, with intent to rob, he shall assault, being be deemed a felonious assaulter, and shall be punished by imprisonment in the State prison not more than fifteen years.-As amended by Act 143 of 1869.—§ 9090.

stealing, etc.,

being armed.

532. (7526.) SEC. 17. If any person shall, by force and vio- Assault and lence, or by assault or putting in fear, feloniously rob, steal, and from person of take from the person of another, any money, or other property another, not which may be the subject of larceny, such robber not being 7 Mass., 242. armed with a dangerous weapon, he shall be punished by imprisonment in the State prison not more than fifteen years.-§ 9091.

tent to rob and

533. (7527.) SEC. 18. If any person, not being armed with a Assault with indangerous weapon, shall assault another with force and violence, teal, not being and with intent to rob and steal, he shall be deemed a felonious armed. assaulter, and shall be punished by imprisonment in the State prison not more than ten years.-§ 9092.

threats to extort

534. (7528). SEC. 19. If any person shall, either verbally or Malicious by any written or printed communication, maliciously threaten money, etc. to accuse another of any crime or offense, or shall by any written or printed communication maliciously threaten any 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, he shall be punished by imprisonment in the State prison or in the county jail, not more than two years, or by fine not exceeding one thousand dollars.-§ 9093. 535. (7529.) SEC. 20. SEC. 20. If any person shall ravish and car- Rape, evidence nally know any female of the age of fourteen years, or more, by of, and age of force and against her will, or shall unlawfully and carnally know 1843, p. 211. and abuse any female child under the age of fourteen years, he 2. shall be punished by imprisonment in the State prison for life, 13 Mich., 427.

1841, p. 177, Sec. 9 Mich, 150.

4 Gray, 7.
6 Gray, 477.

32 Maine, 385.
39 Maine, 322.

Assault with intent to commit

rape.

2 Pick., 380.

or for any term of years; and such carnal knowledge shall be deemed complete upon proof of penetration only.-§ 9094.-As amended by Act 112, Laws of 1887.

536. (7530.) SEC. 21. If any person shall assault any female with intent to commit the crime of rape, he shall be deemed a felonious assaulter, and shall be punished by imprisonment in [19 Mich., 322] the State prison not more than ten years, or by fine not exceeding one thousand dollars.-§ 9095.

9 Mich., 152.

Unlawfully

taking a woman

her to marry,

537. (7531.) SEC. 22. If any person shall take any woman and compelling unlawfully and against her will, and by force, menace, or duress, compel her to marry him or any other person, or to be defiled, he shall be punished by imprisonment in the State prison for life, or any term of years.-§ 9096.

etc.

Taking a woman with

her to marry,

538. (7532.) SEC. 23. If any person shall take any woman intent to compel unlawfully and against her will, with intent to compel her by force, menace, or duress, to marry him or any other person, or to be defiled, he shall be punished by imprisonment in the State prison not more than ten years.-§ 9097.

etc.

Enticing any female urder

sixteen years of age for purpose

of marriage, etc.

Penalty for

assault in certain cases.

Unlawfully confining any person, etc.,

539. (7533.) SEC. 24. Every person who shall take or entice away any female under the age of sixteen years, from her father, mother, guardian, or other person having the legal charge of her person, without their consent, either for the purpose of prostitution, concubinage, or marriage, shall be punished by imprisonment in the State prison not exceeding three years, or by imprisonment in the county jail not exceeding one year, or by a fine not exceeding one thousand dollars.-§ 9098.

Act 172, Laws of 1883, entitled, "An act to provide for the punishment of assaults upon females in certain cases."

540. SECTION 1. The People of the State of Michigan enact, That if any person shall undertake to medically treat any female person, and while so treating her, shall represent to such female that it is, or will be necessary or beneficial to her health that she have sexual intercourse with a man, and shall thereby induce her to have carnal sexual intercourse with any man, or if any man, not being the husband of such female, shall have sexual intercourse with her by reason of such representation, the person or persons so offending shall, on conviction thereof, be punished by imprisonment in the State prison for any term of years not exceeding ten years.

541. (7534.) SEC. 25. Every person who willfully, maliciously and without lawful authority shall forcibly or secretly confine or how punished. imprison any other person within this State against his will, or shall forcibly carry or send such person out of this State, or shall forcibly seize or confine, or shall inveigle or kidnap any other person with intent either to cause such person to be secretly confined or imprisoned in this State against his will, or in any way held to service against his will, shall be punished by imprisonment in the State prison for any term of years, or by a fine of five thousand dollars, or by both such fine and imprisonment, in the discretion of the court.-As amended by Act 135, Laws of 1889.-9099.

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