Page:United States Statutes at Large Volume 76A.djvu/551

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–455–

-455(d) A bare fear of the commission of any of the offenses mentioned in paragraphs (2) and (3) of subsection (b) of this section, to prevent which homicide may be lawfully committed, is not sufficient to justify it. The circumstances must be sufficient to excite the fears of a reasonable person, and the party killing must have acted under the influence of those fears alone. § 1192. Acquittal on showing of justification or excuse Where a homicide appears to be justifiable or excusable, the person charged shall, upon his trial, be acquitted and discharged. § 1193. Burden of establishing mitigation or justification upon trial for murder Upon a trial for murder, the commission of the homicide by the defendant being proved, the burden of proving circumstances of mitigation, or that justify or excuse it, devolves upon him, unless the proof on the part of the prosecution tends to show that the crime committed only amounts to manslaughter or that the act of the defendant, of which complaint is made, was justifiable or excusable. CHAPTER 63—INCEST Sec.

1221. Incest defined; punishment.

§ 1221. Incest defined; punishment (a) Marriages between parents and children, between ancestors and descendants of every degree, between brothers and sisters of the half as well as the whole blood, and between uncles and nieces, or aunts and nephews, whether the relationship is legitimate or illegitimate, are incestuous. (b) Persons being within the degrees of consanguinity within which marriages are declared by subsection (a) of this section to be incestuous, who intermarry, or who commit fornication or adultery with each other, shall be imprisoned in the penitentiary not more than 10 years. CHAPTER 65—INCOMPETENT PERSONS Sec. 1251. Cruelty toward incompetents.

§ 1251. Cruelty toward incompetents Whoever is guilty of harsh, cruel or unkind treatment of, or neglect of duty toward, an idiot, imbecile or insane person, shall be fined not more than $5,000 or imprisoned in the penitentiary not more than five years, or both. CHAPTER 67—INDECENT OR IMMORAL CONDUCT Sec.

1281. Indecent or immoral conduct generally; rules and regulations; punishment. 1282. Indecent exposures, exhibitions and pictures. 1283. Seizure and destruction of indecent articles.

§ 1281. Indecent or immoral conduct generally; rules and regulations; punishment (a) I t is unlawful to engage in or permit any indecent or immoral conduct. (b) For the purpose of enforcing subsection (a) of this section, the President may prescribe, and from time to time amend, rules and regulations to assert and exercise the police power in the Canal Zone, or for any portion or division thereof. (c) Whoever violates a regulation issued pursuant to subsection (b) of this section shall be fined not more than $100 or imprisoned in jail not more than 30 days, or both.