Page:1864-65 Territory of Dakota Session Laws.pdf/213

From Wikisource
Jump to navigation Jump to search
This page has been proofread, but needs to be validated.
PENAL CODE.
201

Sec. 760. No conviction of any person for crime works any forfeiture of any property, except in the cases of any outlawry for treason, and other cases in which a forfeiture is expressly imposed by law.

Sec. 761. The various sections of this code which declare that evidence obtained upon the examination of a person as a witness shall not be received against him in any criminal proceeding, do not forbid such evidence being proved against such person upon any proceedings founded upon a charge of perjury committed in such examination.

Sec. 762. Wherever the terms mentioned in the following sections are employed in this code, they are deemed to be employed in the senses hereafter affixed to them, except where a different sense plainly appears.

Sec. 763. The term, “willfully,” when applied to the intent which an act is done or omitted, implies simply a purpose or willingness to commit the act or the omission referred to. It does not require any intent to violate law, or to injure another, or to acquire any advantage.

Sec. 764. The terms “neglect,” “negligence,” “negligent” and “negligently,” when so employed, import a want of such attention to the nature or probable consequences of the act or omission as a prudent man ordinarily bestows in acting in his own concerns.

Sec. 765. The term “corruptly,” when so employed, imports a wrongful design to acquire some pecuniary or other advantage to the person guilty of the act or omission referred to.

Sec. 766. The terms "malice" and "maliciously” when so employed, import a wish to vex, annoy or injure another person; established either by proof or presumption of law.

Sec. 767. The term “knowingly,” when so applied, imports only a knowledge that the facts exist which bring the act or omission within the provisions of this Code. It does not require any knowledge of the unlawfulness of such act or omission.

Sec. 768. The term “bribe" signifies any money, goods, right in action, property, thing of value or advantage, present or