clerks, witnesses, sheriffs, coroners and other officers, shall be the same as in other cases. SEC. 61. The causes, motions, suits and proceedings aforesaid, shall be docketed in the court aforesaid, and tried and disposed of as other cases: Provided, That said court shall not have exclusive jurisdiction of such causes, motions and suits, but only concurrent jurisdiction with the other circuit courts of the State, where the defendant or defendants in said causes, motions and suits may happen to reside or be found. SEC. 62. The sheriff or coroner of the proper county shall hereafter serve and return all writs and process issuing out of the supreme and circuit courts, unless otherwise provided for by law. SEC. 63. The twelve preceding sections hereof shall not be construed as repealing any other law of this State, relating to the interests of the State, but the same shall be considered a cumulative remedy in the enforcement of public justice. SEC. 64. The sheriff of the county in which the supreme court is held, shall attend upon its sittings, and perform such duties, under the order and direction of said court, as are usually performed by such officer, and such as said court shall from time to time require. SEC. 65. The State shall remain as now, divided into nine judicial circuits, and the chief justice and eight associate justices, shall hold circuit courts therein, and shall perform all the duties prescribed in this chapter, in the manner and at the times by law specified, and perform such other duties as such judges, as shall hereafter be defined by law. SECTION lunacy; and if after verdict of guilty, and be- SECTION before sentence, execution thereof to be stayed till recovery; question of insanity to be tried by jury. SECTION 1. A crime or misdemeanor consists in a violation of a public law, in the commission of which there shall be an union or joint operation, of act and intention, or criminal negligence. SEC. 2. Intention is manifested by the circumstances connected with the perpetration of the offence, and the sound mind and discretion of the person accused. SEC. 3. A person shall be considered of sound mind who is neither an idiot nor iunatic, nor affected with insanity; and who hath arrived at the age of fourteen years, or before that age, if such person know the distinction between good and evil. SEC. 4. An infant under the age of ten years, shall not be found guilty of any crime or misdemeanor. SEC. 5. A lunatic or insane person, without lucid intervals, shall not be found guilty of any crime or misdemeanor, with which he may be charged: Provided, The act so charged as criminal, shall have been committed in the condition of insanity. SEC. 6. An idiot shall not be found guilty, or punished for any crime or misdemeanor, with which he or she may be charged. SEC. 7. Any person counselling, advising or encouraging an infant under the age of ten years, lunatic or idiot, to commit any offence, shall be prosecuted for such offence when committed as principal, and if found guilty, shall suffer the same punishment that would have been inflicted on such person counselling, advising or encouraging as aforesaid, had he or she committed the offence directly, without the intervention of such infant, lunatic or idiot. SEC. 8. A married woman acting under the threats, command or coercion of her husband, shall not be found guilty of any crime or misdemeanor not punishable with death, provided it appear from all the facts and circumstances of the case, that violent threats, command or coercion were used; and in such case the husband shall be prosecuted as principal, and receive the punishment which would otherwise have been inflicted on the wife, if she had been found guilty. SEC. 9. Drunkenness shall not be an excuse for any crime or misdemeanor, unless such drunkenness be ocsasioned by the fraud, contrivance or force, of some other person or persons for the purpose of causing the perpetration of an offence; in which case the person or persons so causing said drunkenness, for such malignant purpose, shall be considered principal or principals, and suffer the same punishment as would have been inflicted on the person or persons committing the offence, if he, she or they had been possessed of sound reason and discretion. SEC. 10. Acts committed by misfortune or accident, shall not be deemed criminal, where it satisfactorily appears, that there was no evil design or intention, or culpable negligence. SEC. 11. A person committing a crime or misdemeanor, not punishable with death, under threats or menaces which sufficiently show, that his or her life or member was in danger; or that he or she had reasonable cause to believe, and did believe that his or her life or member was in danger, shall not be found guilty: and such threats or menaces being proved and established, the person or persons compelling by such threats or manaces, the commission of the offence, shall be considered as principal or principals, and suffer the same punishment, as if he or she had perpetrated the offence. SEC. 12. A person that becomes lunatic or insane after the commission of a crime or misdemeanor, ought not to be tried for the offence during the continuance of the lunacy or insanity. If, after verdict of guilty, and before judgment pronounced, such person become lunatic or insane, then no judgment shall be given while such lunacy or insanity shall continue. And if after judgment, and before execution of the sentence, such person become lunatic or insane, then in case the punishment be capital, the execution thereof shall be stayed until the recovery of said person from the insanity or lunacy. In all of these cases, it shall be the duty of the court to empannel a jury to try the question, whether the accused be, at the time of empanneling, insane or lunatic. DIVISION II. ACCESSORIES TO CRIMES. SECTION SECTION 13. Accessories to crimes; when punished as prin. 14. Accessory after the fact; how punished. cipals. SECTION 13. An accessory is he or she, who stands by and aids, abets or assists; or who not being present aiding, abetting or assisting, hath advised and encouraged the perpetration of the crime. He or she who thus aids, abets or assists, advises or encourages, shall be deemed and considered as principal, and punished accordingly. SEC. 14. An accessory after the fact, is a person who, after full knowledge that a crime has been committed, conceals it from the magistrate, or harbors and protects the person charged with or found guilty of the crime. Any person being found guilty of being an accesssory after the fact, shall be imprisoned for any term not exceeding two years, and fined in a sum not exceeding five hundred dollars, in the discretion of the court, to be regulated by the circumstances of the case, and the enormity of the crime. SECTION 15. The party or parties injured shall, in all cases be competent witnesses, unless he, she or they shall be rendered incompetent by reason of his, her or their infamy or other legal incompetency other than that of interest; the credibility of all such witnesses shall be left to the jury as in other cases. SEC. 16. No black or mulatto person or Indian shall be permitted to give evidence in favor or against any white person whatsoever. Every person who shall have one-fourth part or more of negro blood shall be deemed a mulatto; and every person who shall have one-half Indian blood shall be deemed an Indian. SEC. 17. Approvers shall not be allowed to give testimony. SEC. 18. The solemn affirmation of witnesses shall be deemed sufficient. A false and corrupt affirmation shall subject the witness to all the penalties and punishment provided for those who commit wilful and corrupt perjury. DIVISION IV. CRIMES AGAINST THE GOVERNMENT AND PEOPLE. SECTION 19. Crimes against government, &c., what shall constitute, and who may commit. 20. Treason, what shall constitute, and penalty therefor; persons guilty of overt act out of SECTION this State, may be arrested in this State, and tried where arrested. 21. Misprision, what shall constitute, and penalty therefor. SECTION 19. Crimes against the government and people shall consist in treason and misprision of treason, and can only be committed by persons owing allegiance. to the State. SEC. 20. Treason shall consist in levying war against the government and people of this State, in the same, or being adherent to the enemies of this State, giving them aid, advice and comfort in this State or elsewhere. Any person being thereof duly convicted of open deed by two or more witnesses or voluntary confession in open court, shall suffer the pains and penalty of death; and when the overt act of treason shall be committed without the limits of this State, the person charged therewith may be arrested, tried and punished in any county in this State, within the limits of which he may be found; and the offence may be charged to have been committed in the county where he may be arrested. SEC. 21. Misprisions of treason shall consist in the knowledge and concealment of treason, without otherwise assenting to or participating in the crime. Any person found guilty thereof shall be punished by confinement in the penitentiary for any term not exceeding two years. SECTION 26. Voluntary manslaughter, what shall be deemed 27. The killing must be the result of violent pas. 29. Punishment. 30. The killing, what shall make it murder or manslaughter. 31. Accused to be tried in county where the cause 32. Justifiable homicide, what shall be deemed. 34. Self-defence, what deemed. 35. Officer assaulted while serving process, when 36. Justifiable homicide, further defined. 38. Other instances, when justifiable or excusable. SECTION 22. Murder is the unlawful killing of a human being, in the peace of the people, with malice aforethought, either express or implied. The unlawful killing may be perpetrated by poisoning, striking, starving, drowning, stabbing, shooting, or by any other of the various forms or means by which human nature may be overcome and death thereby occasioned. SEC. 23. Express malice is that deliberate intention unlawfully to take away the life of a fellow creature, which is manifested by external circumstances capable of proof. SEC. 24. Malice shall be implied when no considerable provocation appears, or when all the circumstances of the killing show an abandoned and malignant heart. The punishment of any person or persons convicted of the crime of murder shall be death. SEC. 25. Manslaughter is the unlawful killing of a human being without malice express or implied and without any mixture of deliberation whatever. It must be voluntary, upon a sudden heat of passion, caused by a provocation apparently sufficient to make the passion irresistible or involuntary, in the commission of an unlawful act, or a lawful act without due caution or circumspection. SEC. 26. In cases of voluntary manslaughter there must be a serious and highly provoking injury inflicted upon the person killing, sufficient to excite an irresistible passion in a reasonable person, or an attempt by the person killed to commit a serious personal injury on the person killing. SEC. 27. The killing must be the result of that sudden violent impulse of passion, supposed to be irresistible; for if there should appear to have been an interval between the assault or provocation given and the killing, sufficient for the voice of reason and humanity to be heard, the killing shall be attributed to deliberate revenge, and punished as murder. SEC. 28. Involuntary manslaughter shall consist in the killing of a human being without any intent so to do, in the commission of an unlawful act, or a lawful act, |