CRIMINAL PROCEDURE.
CHAPTER 9.
AN ACT TO ADOPT AND ESTABISH A CRIMINAL CODE FOR THE TERRITORY OF DAKOTA.
Be it enacted by the Legislative Assembly of the Territory of Dakota:
That the provisions of this act shall regulate the proceedings in all prosecutions and penal actions in all the courts of this territory, from and after the passage hereof, and shall be known as the Criminal Code.
PERSONS CAPABLE OF COMMITTING CRIMES.
A crime or misdemeanor.Section 1. A crime or misdemeanor consists in a violation of a public law, in the commission of which there shall be a union of joint operation of act and intention, or criminal negligence.
Intention.Sect. 2. Intention is manifested by the circumstances connected with the perpetration of the offence, and the sound mind and discretion of the person accused.
Sound mind.Sect. 3. A person shall be considered of sound mind who is neither an idiot nor lunatic, nor affected with insanity, and who hath arrived at the age of fourteen years, or before that age, if such person knew the distinction between good and evil.
Infant, when found guilty.Sect. 4. An infant under the age of ten years shall not be found guilty of any crime or misdemeanor.
Lunatic found guilty, when.Sect. 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: Proviso.Provided, The act so charged as criminal shall have been committed in the condition of insanity.
An idiot, when found guilty.Sect. 6. An idiot shall not be found guilty, or punished