state, or of the United States, shall be deemed guilty of a misdemeanor, and shall be punished by a fine not exceeding one hundred dollars, or by imprisonment in the common jail, for a term not exceeding thirty days, or by such fine and imprisonment both. 'be deemed a SECT. 5. Such flag or device so exhibited, with the apparatus Such flag, &c., to connected therewith, shall be deemed a nuisance, and any constable nuisance. or justice of the peace of the town in which the same shall be so exhibited, or the sheriff, or a deputy sheriff of the county in which the same shall be so exhibited, may seize and destroy the same, and may command sufficient assistance therefor. CHAPTER II. OF OFFENSES AGAINST THE LIVES AND PERSONS OF INDIVIDUALS. Degrees of mur degree in their SECT. 6. All murder which shall be perpetrated by means of, 1846. poison, or by lying in wait, or by any other kind of willful, deliber- der defined, and ate, and premeditated killing, or which shall be committed in per-jury to find the petrating, or in attempting to perpetrate, any arson, rape, robbery, verdict. or burglary, shall be deemed murder in the first degree; and all other kinds of murder shall be deemed murder in the second degree; and the jury, before whom any person indicted for murder shall be tried, shall, if they find such person guilty, ascertain in their verdict, whether it be murder in the first degree 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 to give sentence accordingly.* SECT. 7. Every person, who shall commit murder in the first de- Penalty for first gree, shall suffer death.t degree. ond degree. SECT. 8. Every person, who shall commit murder in the second Penalty for secdegree, shall suffer imprisonment in the Connecticut state prison during his natural life. 1860. SECT. 9. Every person, who shall commit manslaughter, shall pay Penalty for mana fine not exceeding one thousand dollars, and suffer imprisonment slaughter. in the Connecticut state prison, or county jail, for a term not exceed ing ten years. with intent to SECT. 10. Every person, who shall make an assault on another Assault, or administering deadperson, with intent to commit murder, or shall willfully and malici-ly poisons, &c., ously administer to, or cause to be administered to, or taken by, any murder. person, any deadly poison, other noxious and destructive substance, with intent thereby to murder him, shall suffer imprisonment in the Connecticut state prison during life, or for any time, not less than ten years. * What circumstances may be given in evidence, on trial for murder. State v. Watkins, 9 C. R. 47. When confessions of prisoner are admissible. State v. Potter, 18 C. R. 166. The punishment of death was affixed to the crime of murder, by the legislature of this state, A. D. 1642, and the statute upon this subject has remained nearly the same from that date to the year 1846, when this law was passed. The unqualified repeal of a statute releases all violations of it. State v. Daly, 29 C. Arson, &c., causing death. Arson endangering life. Perjury with in SECT. 11. Every person, who shall commit arson, or who shall willfully burn any building other than a dwelling-house, or an outhouse, parcel thereof, or any vessel, and shall thereby cause the death of any person, shall suffer death. SECT. 12. Every person, who shall commit arson, and shall thereby endanger the life of any person, shall suffer imprisonment in the Connecticut state prison during his natural life. SECT. 13. Every person, who shall commit perjury, with intent tent to take life. thereby to take away the life of any person, shall suffer imprisonment in the Connecticut state prison during his natural life. Lying in wait to &c. SECT. 14. Every person, who shall of malice aforethought, and by cut out tongue, lying in wait, cut out or disable the tongue of another, or put out the eye or eyes of another, so that the person is thereby made blind, or cut off all or any of the privy members of another, shall suffer imprisonment in the Connecticut state prison during his natural life. SECT. 15. Every person, who shall, of malice aforethought, put tent to disfigure. out any eye, slit the nose, ear, or lip, or cut or bite off, or disable, any limb or member of another person, with intent, in so doing, to maim or disfigure such person, shall suffer imprisonment in the Connecticut state prison, for a term not less than seven, nor more than ten years. Maiming with in Robbery. Assault with intent to rob. Robbery or bur sonal abuse. SECT. 16. Every person, who shall commit robbery, shall suffer imprisonment in the Connecticut state prison, for a term not less than four, nor more than seven years. SECT. 17. Every person, who shall, with actual violence make an assault on another person, with intent to rob him, shall suffer imprisonment in the Connecticut state prison, for a term not less than two nor more than five years. SECT. 18. Every person, who chall commit robbery or burglary, glary, with per- and shall, in the perpetration thereof, be guilty of any personal abuse, force, or violence, or be so armed with any dangerous armor or weapon, as clearly to indicate violent intentions, shall suffer imprisonment in the Connecticut state prison, for a term not less than seven nor more than ten years. Rape. Abuse of female SECT. 19. Every person, who shall commit the crime of rape, shall suffer imprisonment in the Connecticut state prison during his natural life.* SECT. 20. Every person, who shall carnally know and abuse any child under ten female child, under the age of ten years, shall suffer imprisonment in the Connecticut state prison, for a term not less than seven nor more than ten years.† years of age. Assault with in SECT. 21. Every person, who shall, with actual violence, make an tent to commit assault upon the body of any female, with intent to commit a rape, shall suffer imprisonment in the Connecticut state prison, for a term not less than three nor more than ten years. a rape. 1860. Attempt to pro SECT. 22. Every person, who shall give or administer to any cure miscarriage, woman, or shall prescribe for, or advise, or direct, or cause or pro &c. 5 C. R. 325. Information charging this offense, without malice, may be supported by proof of acts done with malice. State v. Parmelee, 9 C. R. 259. On an information for an assault with intent to murder, the jury may find the prisoner guilty of an assault with intent to kill. State v. Nichols, 8 C. R. 496. Previous statements of principal witness, when admissible; and how and when her character may be supported. State v. De Wolf, 8 C. R. 93. + Conviction may be had upon the uncorroborated testimony of the child. States. Lattin, 29 C. R. 389. Proof of rape will sustain an information for an attempt to commit a rape. State . Shepherd, 7 C. R. 54. The allegation, "with force and arms," is a sufficient allegation of actual violence. State v. Wells, 31 C. R. 210. cure any woman to take any medicine, drug, or substance whatever, or shall use, or advise the use of any instrument, or other means whatever, with intent to procure upon such woman a miscarriage, or abortion, unless the same shall be necessary to preserve the life of such woman, or of her unborn child, shall be guilty of felony, and shall be punished by a fine not exceeding one thousand dollars, or by imprisonment in the Connecticut state prison, for a term not exceeding five years, or by such fine and imprisonment both. SECT. 23. Every person, who shall knowingly aid or assist any Accessories, other person in the commission of the offense, described in the pre- how punished. ceding section, shall be guilty of felony, and shall be punished by a fine, not exceeding five hundred dollars, or by imprisonment in the Connecticut state prison, for a term not exceeding five years, or by such fine and imprisonment both. medi ploying other abortion. or SECT. 24. Every woman, who shall solicit, purchase, or obtain of Taking any person, or in any other way procure or receive any medicine, cines, &c., or emdrug, or substance whatever, and shall take the same, or shall sub-means, to procure mit to any operation, or other means whatever, or shall commit miscarriage any operation or violence upon herself, with intent thereby to produce miscarriage or abortion, unless the same shall have been necessary to preserve her own life, or that of her unborn child, shall be guilty of felony, and shall be punished by a fine not exceeding five hundred dollars, or by imprisonment in the Connecticut state prison, for a term not exceeding two years, or by such fine and imprisonment both. or encouraging the of SECT. 25. Every person, who shall, by publication, lecture or Advertising, otherwise, or by advertisement, or the sale or circulation of any pub- other mode of lication, encourage or prompt to the commission of the offenses de- commission scribed in the three preceding sections, or who shall sell, or advertise medicines for the commission of them, shall pay a fine not exceeding five hundred dollars. said offenses. 1854. Falsely and ma SECT. 26. Every person, who shall falsely and maliciously declare, represent or pretend, that any free person entitled to freedom is a liciously represlave, or owes service or labor to any person or persons, with intent senting a free perto procure, or to aid or assist in procuring, the forcible removal of son to be a slave. such free person from this state as a slave, shall pay a fine of five thousand dollars, and be imprisoned five years in the Connecticut state prison. apprentice, pro SECT. 27. No declaration, pretense or representation that any No claim that person is or was an apprentice for a fixed term of years, or owes, or any person is an did owe service merely as such an apprentice, for such fixed term, hibited. shall be deemed prohibited by the preceding section, and no person shall be liable to any penalty under said section, by reason of making such declaration, pretense, or representation. per son with intent SECT. 28. Every person, who shall wrongfully and maliciously Seizing a free seize, or procure to be seized, any free person entitled to freedom, to enslave. with intent to have such free person held in slavery, shall pay a fine of five thousand dollars and be imprisoned five years in the Connecticut state prison. trial, represent slave. SECT. 29. If, upon the trial of any prosecution arising under the Witness on any twenty-sixth and twenty-eighth sections of this act, any witness shall, ing that any perin behalf of the party accused, and with intent to aid him in his de- son is or was a fense, falsely and willfully, in testifying, represent or pretend, that any person is or ever was a slave, or does or ever did owe service or labor to any person or persons, such witness shall pay a fine of five thousand dollars, and be imprisoned five years in the Connecticut state prison. . Obstructing the any person complained of. SECT. 30. Whenever complaint or information shall be made apprehension of against any person for any offense described in either of the four next preceding sections of this act, and, upon such complaint or information, a warrant shall have been duly issued for the arrest of such person, every person who shall hinder or obstruct a sheriff, deputy sheriff, or constable in the service of such warrant, or shall aid such accused person in escaping from the pursuit of such officer, shall be imprisoned one year in the Connecticut state prison. 1830. Carrying away a child under twelve years. SECT. 31. Every person, who shall willfully and maliciously lead, take, or carry away, or decoy, or entice away, any child under the age of twelve years, with intent to detain or conceal such child from its parent, guardian, or other person having the lawful charge or custody of such child, shall suffer imprisonment in the Connecticut state prison, for a term not less than two nor more than five years. Exposing a child SECT. 32. Every father or mother of any child under the age of under six years six years, and every other person to whom such child is intrusted, of age, with intent to abandon who shall expose such child in any highway, street, field, house, outhouse, barn, or other place, with intent wholly to abandon it, shall be punished by imprisonment in the Connecticut state prison, for a term not less than two nor more than five years, and pay a fine not exceeding four hundred dollars. it. Kidnapping free persons. cution. 1830. or SECT. 33. Every person, who shall kidnap, or forcibly or fraudu. lently carry off, or decoy, out of this state, any free person, or persons entitled to freedom, or shall arrest or imprison any free person, persons entitled to freedom, knowing such person to be free, or entitled to freedom, with intent to have such person carried out of this state, or to be in any way held in slavery or service against his will, shall suffer imprisonment in the Connecticut state prison, for a term not less than two nor more than five years, and pay a fine, not exceeding five hundred dollars; but nothing in this section shall operate to prevent persons coming into this state for the purpose of temporary residence, or passing through the same, from carrying their servants with them, nor to prevent persons moving out of this state for the purpose of residence, from carrying and transporting with them such servants as belong to them, nor to prevent persons living within this state, from directing their servants out of the state, about their ordinary and necessary business. SECT. 34. Every person, who shall falsely prosecute, or cause to Malicious prose- be falsely prosecuted, any other person for any criminal charge or offense, without probable cause, and with a malicious intent unjustly to vex and trouble him, shall be punished by fine, not exceeding one hundred dollars, nor less than twenty dollars, or by imprisonment in a common jail, not exceeding one year, nor less than two months. CHAPTER III. Burning or de stroying maga OF OFFENSES AGAINST PUBLIC PROPERTY. SECT. 35. Every person, who shall willfully and maliciously burn zine of provis- or destroy any magazine of provisions, or of military or naval stores, belonging to this state, or subject to the jurisdiction thereof, ions, &c. shall suffer imprisonment in the Connecticut state prison, for a term not less than seven nor more than ten years. SECT. 36. Every person, who shall willfully and maliciously at- Attempt to detempt, or conspire with others, to burn or destroy any magazine of stroy magazine provisions, or of military or of naval stores, belonging to this state, or subject to the jurisdiction thereof, shall suffer imprisonment in the Connecticut state prison, for a term not less than two nor more than five years. of provisions, &c. SECT. 37. Every person, who shall willfully and maliciously burn Burning public any state-house, court-house, county-house, town-house, arsenal, building. magazine, prison, common jail, workhouse, poor-house, market, or other building, belonging to this state, or to any county, town, city, or borough, in this state, or any church, chapel, meeting-house, or other building generally used for religious worship, or any college, academy, school-house, or other building generally used for literary instruction, shall suffer imprisonment in the Connecticut state prison, for a term not less than seven nor more than ten years. public building. SECT. 38. Every person, who shall willfully attempt to burn, or Attempt to burn conspire with others to burn any state-house, court-house, countyhouse, town-house, arsenal, magazine, prison, common jail, workhouse, market, or other building belonging to this state, or to any county, town, city, or borough in this state, or any church, chapel, meeting-house, or other building generally used for religious worship, or any college, academy, school-house, or other building generally used for literary instruction, shall suffer imprisonment in the Connecticut state prison, for a term not less than two nor more than five years. dows, &c., in pub. SECT. 39. Every person, who shall, in the night season, willfully Breaking winand maliciously break any window, or door, in any state-house, court- lie buildings in house, house of public worship, town-house, college, school-house, or night season. other public building, shall be punished by fine, not exceeding seven dollars, or by imprisonment in a common jail, not exceeding thirty days, or by such fine and imprisonment both. 1882. lic buildings and SECT. 40. Every person, who shall willfully and maliciously injure, or deface, any house of public worship, school-house, or other Injuries to pubpublic building, or shall willfully and maliciously injure, destroy, or furniture. carry away, any stove, stove-pipe, chair, table, or other furniture, situate in and belonging to any house of public worship, schoolhouse, or other public building, or shall willfully and maliciously injure, destroy, or carry away, any public lantern, light, or lamp, shall be punished by fine, not exceeding seventeen dollars, or by imprisonment in a common jail, not exceeding ninety days, or by such fine and imprisonment both. 1849. Removal of stone on common SECT. 41. Every person, other than the owner thereof, who shall 1827. carry away or remove any of the stone from the common shore below high water mark, or from any beach or bar adjacent thereto, within shore. any town in this state, shall pay a fine, not exceeding thirty-five dollars for every such offense, one-half to him who shall sue therefor, and prosecute his suit to effect, and the other half to the treasury of the town in which the offense is committed. SECT. 42. Every person, who shall willfully remove or destroy Injury to bridges, any of the stone, wooden work, or other materials, belonging to any bridge over any river, creek, or tide waters, in this state, or shall remove or destroy any stone, wood, or earth, which may be placed for the security or preservation of any such bridge, shall pay treble damages to the town, corporation, or proprietors, owning such &c. |