31: Sept. 22. 1846.

C. L. 1865. C. 51, § § 1088. If any person, not being armed with a dangerous weapon, shall assault another with force and violence, and with Assault, unarmed, intent to rob and steal, he'shall be punished by imprisonment in the county jail or territorial prison, not more than two years, nor less than six months.

to rob; penalty.

See sec. 1188.

§ 1089. If any person, either verbally or by any written or printed communication, shall 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 county jail or territorial prison for not more than one year, nor less than six months, or by fine not exceeding one thousand dollars, nor less than one hundred dollars.

$ 1090. That a person perpetrating rape upon or an act of sexual intercourse with a female, when the female is under the age of fourteen years, or when over fourteen years of age, through idiocy, imbecility, or any unsoundness of mind, either temporary or permanent, she is incapable of giving consent, or when her resistance is forcibly overcome, or when her resistance is prevented by stupor or by weakness produced by an intoxicating, narcotic or anæsthetic agent, administered by or with the privity of the defendant, is punishable by imprisonment for not less than five nor more than twenty years.

§ 1091. No conviction for rape can be had against one who was under the age of fourteen years at the time of the act alleged, unless his physical ability to accomplish penetration is proved as an independent fact beyond a reasonable doubt.

§ 1092. Any person who by force, menace or duress, compels a woman against her will to marry him, or to marry any other person or to be defiled, is punishable by imprisonment for not less than three nor more than ten years, or by a fine of not less than one thousand dollars, or by both.

§ 1093. Any person who takes a female under the age of fourteen years for the purpose of prostitution or sexual intercourse, or without the consent of her father, mother, guardian or other person having legal charge of her person, for the purpose of marriage, or inveigles or entices an unmarried female over fourteen years and under twenty years of age, of chaste character, into a house of ill fame or of assignation, for the purpose of prostitution or sexual intercourse, or takes or detains a female unlawfully against her will with the intent to compel her, by force, menace, or duress, to marry him, or to marry any other person, or to be defiled, is guilty of abduction and punishable by imprisonment for not more than five years or by a fine of not less than one thousand dollars, or by both.

§ 1094. The subsequent intermarriage of the parties, or ̧ the lapse of two years after the commission of the offense, before the finding of an indictment, is a bar to a prosecution for the violation of the last section.

§ 1095. If any person shall unlawfully and carnally know and abuse any female child under the age of ten years, he

shall be punished by imprisonment in the county jail or terri- C. L. 1865, C. 55, § torial prison for life..

$ 1096. If any person shall assault any female with intent to commit the crime of rape, he shall be punished by imprisonment in the county jail or territorial prison, not more than ten years nor less than one year.

§ 1097. If any person shall mingle any poison with any food, drink, or medicine, with intent to kill or injure any other person, or shall willfully poison any spring, well or reservoir of water, with such intent, he shall be punished by imprisonment in the county jail or territorial prison for life.

$ 1098. If any person shall assault another with intent to commit any burglary, robbery, rape, murder, mayhem, or any felony, the punishment of which assault is not herein prescribed, he shall be punished by imprisonment in the territorial prison or county jail, not more than three years nor less than six months, or by fine not exceeding one thousand dollars nor less than one hundred dollars.

34. Sept. 22, 1846.

Rape, attempt to: penalty.

Id. § 35.

Poison, attempt to; penalty.

Id. $ 38.

Assaults.

not

specified: penalty.

Id. § 37.

Assault and battery by insult; penaity.

Proviso: when not guilty.

§ 1099. Every person or persons who shall, in a gross, insolent or angry manner, insult another personally, against his honor, delicacy or reputation, shall be deemed guilty of having committed an assault and battery, and shall be punished before any justice of the peace or district judge: Provided, korerer, That upon trying the cause, the accused shall have the right to summon witnesses in his defense, and if it be proved that what is said is the truth, and that the injuries have been committed, with the view of correcting the misdemeanors of the defendant in injury to public society, and of fensive to the dignity of the territory, in such case, and thus proved by the defendant before the judge or court trying or examining the cause, the accused shall be declared not guilty. § 1: Feb. 1, 1864. Tr. $1100. Every person convicted of the offense of assault and battery shall be punished by a fine of not less than five dollars nor more than one hundred dollars, or by imprisonment in the county jail not less than five days nor more than one hundred days, or by both such fine and imprisonment in Jan. 31. the discretion of the court trying the cause.

C. L. 1865, chap. 59.

Assault and battery: penalty.

C. 17. L. 89. § 21:

Arson, in nighttime: penalty.

C. L. 1865, chap. 52, $ 1: Feb. 16, 1854.

Arson in day-time: penalty.

AGAINST PROPERTY.

§ 1101. Every person who shall willfully and maliciously burn, in the night-time, the dwelling house of another, whereby the life of any person shall be destroyed, or shall in the night-time willfully or maliciously set fire to any other building owned by himself or another, by the burning whereof such dwelling house shall be burned in the night-time, whereby the life of any person shall be destroyed, shall suffer the same punishment as provided for the crime of murder in the first degree; but if the life of no person shall have been destroyed, he shall be punished by imprisonment in the county jail or territorial prison not more than fourteen years nor less than two years; and if at the time of committing the offense, there was no person lawfully in the dwelling house so burnt, he shall be punished by imprisonment in the county jail or territorial prison not more than ten years nor less than one

year.

§ 1102. Every person who shall willfully and maliciously burn, in the day-time, the dwelling house of another, or any

building adjoining such dwelling house, and shall willfully and maliciously set fire to any building owned by himself or another, by burning whereof such dwelling house shall be burned in the day-time, or shall in the day-time willfully and maliciously set fire to any building, by the burning whereof such building shall be burnt in the night-time, shall be punished by imprisonment in the county jail, or in the territorial prison, not more than fifteen years nor less than five: Prorided, That the provisions of this section relative to the burning of a person's own house shall only be applied in those cases when such burning, injury or damage shall result therefrom to some other person.

C. L. 1865. C. 52. §

2: Feb. 16, 1854.

Proviso.

Arson

of public and private build

penalty.

$ 1103. Every person who shall willfully and maliciously burn, in the night-time, any meeting house, church, court ings in night-time: house, town-house, college, academy, jail or other building erected for public use, or any banking house, warehouse, store, manufactory, or mill of another, or any barn, stable, shop, or office of another, within the curtilage of any dwelling house or any other building, by the burning of which any building mentioned in this section shall be burned in the night-time, shall be punished by imprisonment in the county jail or territorial prison not more than fifteen years nor less than one year.

ld. § 3.

Arson of

public.

building in day-time:

$ 1104. Every person who shall willfully and maliciously burn, in the day-time, any building mentioned in the next pre- penalty. ceding section, the punishment for which, if burnt in the night-time, would be imprisonment in the county jail or territorial prison, not more than fifteen years nor less than one year, shall be punished by imprisonment in the county jail, or territorial prison, not more than eight years, nor less than six months.

Id. § 4.

Arson in day or night-time. of cer

alty.

$1105. Every person who shall willfully and maliciously burn, in the night-time or day-time, any banking house, ware- tain buildings: penhouse, store, manufactory, mill, barn, stable, shop, outhouse, or any other building whatsoever of another, other than is mentioned in section one thousand one hundred and three of this chapter, shall be punished by imprisonment in the county jail, or territorial prison, not more than eight years, nor less than six months.

$ 1106. Every person who shall willfully and maliciously burn any pile or parcel of boards, timber or other lumber, or any stack of hay, grains or other vegetable product severed · from the soil, that is in stacks, or any standing grain, grass or other standing product of the soil, and which is cultivated by any owner, shall be punished by imprisonment in the county jail, or territorial prison, not more than two years, nor less than six months, or by fine not exceeding five hundred dollars.

Id. § 5.

Arson of lumber or crops; penalty.

Id. § 6.

Arson: married women subject to

$1107. The preceding sections shall severally extend to
married women, who may commit either of the offenses there- penalties.
in described, though the property burnt or set fire to, may
belong partly or wholly to her husband.

$ 1108. Every person who shall willfully burn any goods, wares, merchandise, or other chattels, which shall be at the time insured against loss or danger by fire, with intent to in

Id. § 7.

Arson of insured property: penalty.

§ 8: Feb. 16. 1854.

C. L. 1865, chap. 52, jure the insurer, such person, being the owner of the property burnt or not, shall be punished by imprisonment in the territorial prison or county jail, not more than ten years, nor less than one year.

Burglary of dwelling with intent to

commit crime; pen

alty, if armed.

See infra. Sec.

1188.

Id. § 9.

Burglary of dwell

ing with intent to

armed; penalty.

See 1188.

infra.

§ 1109. Every person who shall break or enter any dwelling house in the night-time, with the intent to commit the crime of murder, rape, theft, larceny or any felony, or after having entered with such intent, shall break any such dwelling house in the night-time, any person being then lawfully therein, and the offender being armed with a dangerous weapon at the time of such breaking or entering, or so arming himself in such house, or making an actual assault on any person lawfully therein, shall be punished by imprisonment in the county jail, or territorial prison, not more than twelve years, nor less than three years.

Territory vs. Stokes & Mullen, vol. 2, page 161. N. M. Rep.

§ 1110. Every person who shall break and enter any dwellcommit crime, un- ing house in the night-time, with such intent as is mentioned in the last preceding section, or who having entered with such intent, shall break such dwelling house in the night-time, the offender not being armed, nor arming himself in such house with a dangerous weapon, or make any assault upon any person then being lawfully therein, shall be punished by impris onment in the county jail, or territorial prison, not more than five years, nor less than one year.

Id. § 10.

Burglary of buildings, with evil intent: penalty.

See sec. 1188,

Id. § 11.

Entering dwelling outhouse, with

feiony: penalty.

See sec. 1188.

§ 1111. Every person who shall break and enter, in the night-time, any office, shop, or warehouse, not adjoining to nor occupied as a dwelling house, with the intent to commit the crime of murder, rape, robbery, larceny, or any other felony, shall be punished by imprisonment in the county jail or territorial prison not more than three years nor less than one year.

§ 1112. Every person who shall enter, in the night-time, intent to commit without breaking, or shall break and enter in the day-time, any dwelling-house, or any outhouse thereto, adjoining any occupied as such, or any office, shop or warehouse, with the intent to commit the crime of murder, rape, robbery, larceny, or any other felony, shall be punished by imprisonment in the county jail or territorial prison not more than three years nor less than six months.

Id. § 12.

Larceny in build-. ings: penalty.

See infra. sec.

1187.

§ 1113. Every person who shall commit the crime of larceny, in any dwelling house, office, shop or warehouse, or shall see break and enter, in the night-time or day-time, any meeting house, church, court house, town-house, college, academy, or any other public building erected for public use, and steal therefrom. shall be punished by imprisonment in the county jail or territorial prison not more than three years nor less than three months, or by fine not exceeding one thousand dollars nor less than fifty dollars.

C. L. 1865, chap. 52. 13: Feb. 16, 1851.

Larceny from person: penalty.

§ 1114. Every person who shall commit the offense of larceny, by stealing from the person of another, shall be punSee infra. sec. ished by imprisonment in the county jail or territorial prison not more than four years nor less than three months, or by fine not exceeding five thousand dollars.

1187.

Id. § 11.