CHAPTER 7. HOMICIDAL OFFENSES. $37. Murder is the killing of any human being with malice aforethought, without authority, justification or extenuation by law, and is of two degrees, the first and second, which shall be found by the jury. $38. When the act of killing another is proved, malice aforethought shall be presumed, and the burthen shall rest upon the party who committed the killing to show that it did not exist, or a legal justification or extenuation therefor. $39. Murder committed with deliberate premeditated malice aforethought, or in the commission of or attempt to commit any crime punishable with death, or committed with extreme atrocity or cruelty is murder in the first degree. §40. Murder not appearing to be in the first degree is murder in the second degree. $41. Whoever is guilty of murder in the first degree shall suffer the punishment of death. $42. Whoever is guilty of murder in the second degree shall be punished by imprisonment at hard labor for life or for a term of years not less than twenty, in the discretion of the Court. $43. In every case of sentence to punishment by death, the Court may, in their discretion, order the body of the convict to be dissected, and the Marshal in such case shall deliver the dead body to any surgeon who may wish to have the body for dissec tion. $44. Whoever kills a human being without malice aforethought, and without authority, justification or extenuation by law, is guilty of the offense of manslaughter. $45. Manslaughter is of three degrees, and the jury under an indictment for murder or manslaughter may return a verdict of manslaughter in either degree, or of assault and battery, as the facts proved will warrant. $46. Whoever is guilty of manslaughter in the first degree shall be punished by imprisonment at hard labor, for a term of years not less than ten, nor more than twenty, in the discretion of the Court. $47. Whoever is guilty of manslaughter in the second degree shall be punished by imprisonment at hard labor, not more than ten years or less than five years. 848. Whoever is guilty of manslaughter in the third degree shall be punished by imprisonment at hard labor not more than five years, or by a fine not more than one thousand dollars, in the discretion of the Court. $49. Whoever, under an indictment for murder, or manslaughter, shall be found guilty of assault and battery, as provided in Section 45, shall be punished by imprisonment at hard labor not more than two years, or by fine not exceeding five hundred dollars, in the discretion of the Court. $50. No person shall be adjudged to have killed another unless death ensues within a year and a day from the injury in flicted. NOTE TO CHAPTER 7. §§37-41 are S. L. 1890, Ch. 71. §42 is S. L. 1892, Ch. 29. §§43-50 are P. C. Ch. 7 §§4-11. Cases in Hawaiian Reports: R. v. Tin Ah Chin, 3 Haw. 90; R. v. Keanu, 5 Haw. 173; R. v. Bridges, 5 Haw. 467; R. v. Ahop, 7 Haw. 556; R. v. Wo Sow, 7 Haw. 734; R. v. Akana, 7 Haw. 549; R. v. Lau Kin Chew, 8 Haw. 370; Gov't v. Hering, 9 Haw. 184; Gov't v. Caecires, 9 Haw. 522. CHAPTER 8. DUELLING. $51. Whoever shall kill another in a duel, fought in pursuance of an appointment with, or with the assent of the party killed, shall be adjudged guilty of manslaughter in the first degree, and suffer the punishment prescribed for that offense by the laws of this Republic. $52. Any person who shall engage in a duel, with any deadly weapon, although no homicide shall ensue; or shall challenge another to fight such duel, or shall send or deliver any written or verbal message purporting or intended to be such challenge, although no duel shall ensue, shall be punished by a fine not exceeding one thousand dollars; and shall be incapable of holding any office or place of honor, profit or trust, under the constitution or laws of this Republic. $53. Any person who shall accept any such challenge, or who shall knowingly carry or deliver any such challenge or message, whether a duel ensue or not; and any person who shall be present at the fighting of a duel that is fought with deadly weapons, as an aid, second or surgeon; or who shall advise, encourage or promote such duel, shall be punished by a fine not exceeding five hundred dollars, and incapacitated as mentioned in the preceding section for the term of ten years after the conviction of such offense. $54. Any person who shall post another, or, in writing or print, use any reproachful or contemptuous language, to or concerning another, for not fighting a duel, or for not sending or |