Assualt with intent to commit a rape. Sodomy and bestiality. Attempt to commit it. Assault. Punishment. Assault with intent to murder. Other assaults heretofore indictable. Battery, Punisument cases, 60. Sec. XXXIV. An assault, with intent to commit a rape, shall be punished by imprisonment at hard labour in the penitentiary, for a term not less than one year, nor longer than five years. 61. Sec. XXXV. Sodomy and bestiality shall be punished by imprisonment at hard labour in the penitentiary, during the natural life or lives of the person or persons convicted of these detestable crimes, or either of them. 62. Sec. XXXVI. An attempt to commit sodomy or bestiality, shall be punished by imprisonment at hard labour in the penitentiary, for a term not less than two years nor longer than three years. 63. Sec. XXXVII. An assault is an attempt to commit a violent injury on the person of another. 64. Sec. XXXVIII. A bare assault shall be punished by fine or imprisonment in the common jail of the county, at the discretion of the court. 65. Sec. XXXIX. An assault with an intent to murder, by shooting at or stabbing, or using any weapon likely to produce death, shall be punished by imprisonment at hard labour in the penitentiary, for a term not less than one year, nor longer than five years. 66. Sec. XL. All other assaults upon or attempts against persons, not mentioned or enumerated in this code, but heretofore indictable offences, shall be punished by fine or imprisonment in the common jail of the county where the offence has been committed, at the discretion of the court. 66. Sec. XLI. Battery is the unlawful beating of another. Sec. XLII. Battery shall be punished by fine or imprisonment, or in common both, at the discretion of the court, in the common jail of the county inaggravated where the offence may have been committed, and in aggravated cases, requiring greater severity, the court may punish the offender by an imprisonment in the penitentiary at hard labour, for any term not less than six months nor longer than one year. cases. False impri sonment Punishment in common 67. Sec. XLIII. False imprisonment is a violation of the personal liberty of a free white person or citizen, and consists in confinement or detention, without sufficient legal authority. Sec. XLIV. The arrest, confinement, or detention, of a person or cases, a citizen, by another, having no process, warrant or legal authority to justify it, shall be punished by fine and imprisonment in the common jail of the county where the offence may have been committed, or in aggravated either, at the discretion of the court; and in all cases of an aggravated nature, the court may order an imprisonment in the penitentiary, for any term not longer than two years. cases. Punishment of the magis the warrant 68. Sec. XLV. The arrest, confinement, or detention, of a free frate and person or citizen, by the warrant, mandate or process of a magistrate, others where being manifestly illegal, and showing malice and oppression, the said is illegal and magistrate shall be removed from office, and such magistrate and all and every person and persons knowingly and maliciously cencerned therein, shall be punished by fine and imprisonment in the common jail of the county where the offence may have been committed. malicious. All other crimes against the punished. 69. Sec. XLVI. All other crimes or offences against the persons of citizens, not mentioned or enumerated in this code, but heretofore person, how subject to prosecution by the laws adopted or in force in this state, shall in future be punished by fine and imprisonment, or either, in the common jail of the counties where said crimes and offences may have been committed, or by imprisonment at hard labour or in solitude, in the penitentiary, as the court may order and direct. FIFTH DIVISION.-Crimes and offences against the habitations of persons. 70. Sec. I. Crimes against the habitations of individuals, shall consist of, 1st. Arson, and 2d. Burglary. 71. Sec. II. Arson is the malicious and wilful burning of the Arson. house or out-house of another. for burning 72. Sec. III. The wilful and malicious burning or setting fire to, Punishment or attempting to burn, a house in a city, town or village, shall be punished with death. [As to ships and vessels, see sec. 209.] a house in town, or attempting it, 73. Sec. IV. The wilful and malicious burning a dwelling-house for a house on a farm or plantation, or elsewhere, (not in a city, town or village,) not in town, shall be punished by imprisonment at hard labour in the penitentiary, for any term not less than five years, nor longer than twenty years. fire to a house 74. Sec. V. Setting fire to a dwelling-house, with intent to burn for setting the same, on a farm or plantation, or elsewhere, (not in a city, town not in town, or village,) shall be punished by imprisonment at hard labour in the penitentiary, for a term not less than three years, nor longer than ten years. an out-house. 75. Sec. VI. The wilful and malicious burning an out-house, such for burning as a barn, stable, or any other house (except the dwelling-house) on if not in town, a farm or plantation, or elsewhere, (not in a city, town, or village,) shall be punished by imprisonment at hard labour in the penitentiary, for any term not less than one year, nor longer than seven years. fire to such 76. Sec. VII. Setting fire to an out-house as before described, for setting shall be punished by imprisonment at hard labour in the penitentiary, out-house. for any term not less than one year, nor longer than two years. 77. Sec. VIII. The crime of burning shall be complete, where What shall the house is consumed or generally injured. be burning. 78. Sec. IX. The offence of setting fire to a house, shall be com- What shall be plete, when any attempt is made to burn, though no material injury is setting fire. the consequence. day, and in 79. Sec. X. Arson in the day time, (except when committed in a Arson in the city, town or village,) shall be punished with a shorter period of im- the night prisonment at hard labour in the penitentiary, than arson committed in time. the night. 80. Sec. XI. Arson committed elsewhere than in a city, town or Arson in the village, which produces the death of any person, shall be punished country,cus with the death of the person or persons committing the arson. ing the death of a person. considered a 81. Sec. XII. Burglary is the breaking or entering into the dwell- Burglary. ing or mansion-house, with intent to commit a felony: All out houses What to be contiguous to, and within the curtilage or protection of the mansion- dwelling house, shall be considered as parts of the mansion or dwelling-house, house. A hired room or apartments in a public tavern, inn, or boarding-house, shall be considered as the dwelling-house of the person or persons Occupying and hiring the same. Burglary may be committed in the day or night. of burglary 82. Sec. XIII. Burglary in the day time, shall be punished with Punishment an imprisonment at hard labour in the penitentiary, for any time hot in the day less than one year, nor longer than five years. time, time. 83. Sec. XIV. Burglary in the night, shall be punished by im- in the night prisonment, at hard labour in the penitentiary, for any time not less than one year, nor longer than seven years. SIXTH DIVISION.-Of crimes and offences relative to property. robbery 84. Sec. I. Robbery is the felonious and violent taking of money Definition of or goods, from the person of another, by force or intimidation. By force and violence, how punished. By intimida tion The different kinds of larceny. Simple larceny, definition and extent of the crime. Horses. Mules, asses, &c. The indictment. Punishment 85. Sec. II. Robbery by open force and violence, shall be punished by imprisonment in the penitentiary at hard labour, or, in solitude, for any time not less than one year nor longer than five years. 86. Sec. III. Robbery by intimidation, or without using force and violence, shall be punished by imprisonment in the penitentiary, at hard labour or in solitude, for any time not less than one year, nor longer than three years. 87. Sec. IV. Theft or larceny as contra-distinguished from robbery, by violence, force or intimidation, shall consist of—1st, simple theft, or larceny-2d, Theft or larceny from the person-3d, Theft or larceny from the house-4th, Theft or larceny after a trust or confidence has been delegated or reposed. 88. Sec. V. Simple larceny is the feloniously taking and carrying away the personal goods of another. 89. Sec. VI. Simple larceny shall embrace every theft which deprives another of his property, or of those means or muniments by which the right and title to property may be ascertained. 90. Sec. VII. Horse stealing shall be denominated simple larceny or theft. Sec. VIII. The term horse shall include the animal of both sexes, and without regard to the alterations which may be made by artificial means. Sec. IX. Under the head of horse stealing, shall be included the theft of mule or ass, or any animal, the hoof of which is not cloven. 91. Sec. X. The offence shall in all cases be charged as horse stealing, but the indictment shall designate the sex of the animal, and give any other description by which its identity may be ascertained. 92. Sec. XI. The stealing or theft of a horse, mule or ass, shall for stealing be punished by imprisonment at hard labour in the penitentiary, for any time not less than one year nor longer than five years. one, or more than one horse, mule, &c. Cattle stealing. The indict ment. Punishment. Hog stealing, ed. Sec. XII. The stealing of horses, mules or asses, shall be punished by imprisonment at hard labour in the penitentiary, for any time not less than two years nor longer than seven years. 93. Sec. XIII. Cattle stealing shall include the theft or larceny of any horned animal or animals, and all animals having the hoof cloven, except hogs. 94. Sec. XIV. The indictment shall sufficiently describe the animal or animals, falling under the preceding section, so that it, or they, may be ascertained and identified by the owner or owners thereof. 95. Sec. XV. The stealing of one or more animals, under the before-given description of cattle, shall be punished by fine and imprisonment in the common jail of the county where the offence may have been committed, as the court may order and direct, for any time not less than six months, nor longer than one year, or at hard labour in the penitentiary, for a term not less than one year, nor more than five years.* 96. Sec. XVI. The stealing of a hog or hogs, shall be punished by Dow punish confinement in the common jail of the county where the offence may have been committed, for any time not less than one month nor longer than six months, or by confinement at hard labour in the penitentiary, for a term not less than one year nor more than two years. Altering marks or brands, the same as stealing. 97. Sec. XVII. If any person or persons, shall alter or change the mark or brands of any animal or animals before mentioned, with intention to claim the same, or to prevent identification by the true an * Former statutes relative to horse and cattle stealing. Vol. I. 52, 256. Voh II. 536 Vol. III. 539. owner, or owners thereof, the person or persons, so offending, shall suffer the same punishment, and the court shall exercise the same discretion, as is inflicted and given for the theft of the said animal or animals.* 98. Sec. XVIII. All other domestic animals or creatures, which What other are fit for food, may be subjects of larceny. creatures are subjects of Punishment. 99. Sec. XIX. The punishment for the theft of such domestic larceny. animals, or creatures, which are fit for food, shall be by fine or imprisonment, or both, in the common jail of the county, as the court may order and direct. 100. Sec. XX. Larceny may be committed of writings relating to real or personal estate. title deeds, or papers. 101. Sec. XXI. If any person shall take and carry away any Larceny of paper or papers, documents, deeds, or other writings, relating to real or personal estate, with an intention to impair, prevent, or render difficult, the establishment of a title to real or personal estate, or mutilate, cancel, burn, or otherwise destroy said papers, documents, deeds, or writings, with the same intention, such person shall be considered guilty of simple larceny, or theft, and punished by imprisonment in the penitentiary, at hard labour or in solitude, for any time not less than one year, nor longer than two years. bonds, notes, receipts, &c. 102. Sec. XXII. The theft of a bond or bonds, note or notes, Larceny of bank bill or bills, or any paper or papers, securing the payment of money, or other thing, or of a receipt or receipts, or any paper or papers, operating as a discharge for the payment of money or other thing, shall be punished in the same manner as the theft of the money the said bond or bonds, note or notes, bill or bills, or other papers, were meant to secure; or, of the money the said receipt or receipts, or other paper or papers were meant to discharge the payment thereof; the punishment for this larceny shall be imprisonment at hard labour in the penitentiary, or in solitude, for any time not less than one year, nor longer than three years. 103. Sec. XXIII. Theft or larceny may be committed of any thing or things, which in the language of the law, savours of the realty, or of any fixture or fixtures, and the punishment shall be fine or imprisonment, or both, in the common jail of the county, as the court may order and direct. Of fixtures, &C. or stealing 104. Sec. XXIV. Plundering or stealing from a vessel in distress, Plundering or from a wreck, within the jurisdictional limits of this state, shall be from wreckpunished by imprisonment at hard labour in the penitentiary, for any ed vessels. time not less than one year, nor longer than five years. ed or distress by their offi 105. Sec. XXV. If an officer, or servant, or other person employ- Stealing or embezzling ed in a bank, deriving its charter from the legislature of this state, or from banks the United States, shall steal, secrete, or embezzle, or run away with, cers or ser any note or notes, bank bill or bills, warrant or warrants, bond or vants. bonds, deed or deeds, security or securities, draft or drafts, check or checks, money or effects, intrusted with him or the directors of said bank, such offender shall be punished by imprisonment at hard labour or in solitude, in the penitentiary, for any time not less than three years, nor longer than seven years. [See 124.] 106. Sec. XXVI. Any person or persons who shall feloniously Stealing take and carry away a slave, shall be punished by imprisonment at hard labour in the penitentiary, for any time not less than three years, nor longer than seven years. → Former statute relative to this subject, Vol. I. 54. or inveigling slaves. All other sim how they shall 107. Sec. XXVII. If any person or persons shall, by any enticement, or by giving a pass, or by any other means, induce a slave or slaves to run away from his, her, or their owner or owners, with an intention feloniously to sell said slave or slaves, or otherwise to deprive the said owner or owners of the services of said slave or slaves, such person or persons, so offending, shall be punished by imprisonment at hard labour, for any time not less than three years, nor longer than seven years. [Sec. 235.] 108. Sec. XXVIII. All larcenies or simple thefts of the personal ple larcenies, goods of others, not mentioned or particularly designated in this code, shall be punished by imprisonment in the common jail of the county where the said offences may have been committed; or by imprisonment in solitude or at hard labour, in the penitentiary; but no imprisonment shall be directed or ordered in the penitentiary, unless the goods stolen shall be of the value of twenty dollars. be punished. Larceny from 109. Sec. XXIX. In every case of simple larceny or theft, not mentioned in this code, the person convicted shall be imprisoned in the common jail of the county, or in the penitentiary, which imprisonment shall in no case exceed one year. THEFT, OR LARCENY, FROM THE PERSON. 110. Sec. XXX. Theft or larceny from the person, as distinguishthe person. ed from robbery before described, is the offence of feloniously taking any money, goods, effects, or chattels, or any article of value, from the person of any other, privately without his knowledge, in any place whatever. Punishment. Where the amoun: is 20 111. Sec. XXXI. A person convicted of this class of larceny, shall be imprisoned in the penitentiary at hard labour, or in solitude, for any time not less than one year, nor longer than five years. 112. Sec. XXXII. If the goods, money, chattels, or effects, or doils. or less. any article so privately stolen from the person, do not amount to or are of the value of twenty dollars, then the person convicted shall be punished by imprisonment in the common jail of the county where the offence may have been committed, for any time not longer than one year, as the court may order and direct. A great aggravation if committed in 113. Sec. XXXIII. If this offence be committed in a public place, the larceny is or where many persons are assembled, it shall be considered as greatly adding to the criminality of the action, and the punishment shall be proportionably increased and enlarged, as the court before whom the conviction takes place may order and direct. a public place. It shall be larceny, al small force be used, if 114. Sec. XXXIV. Any sort of secret, sudden, or felonious taking though some from the person, without using intimidation, or open force and violence, shall be within this class and description of larceny, though there is no some small force be used by the thief, to possess himself of the proand intimida perty. Provided there be no resistance by the owner or injury to his person, and all the circumstances of the case show that the thing was taken, not so much against, as without the consent of the owner. open violence t.on. Larceny from the house-definition. Punishment in peniten y years, LARCENY FROM THE HOUSE. 115. Sec. XXXV. Larceny from the house is the entering or breaking any house (other than a dwelling-house or its appurtenances) with an intent to steal, or after entering, or breaking said house, stealing therefrom any money, goods, chattels, wares, merchandize, or any thing or things of value whatever. 116. Sec. XXXVI. All and every person and persons, who by from 1 to 5 night or day, shall in any store, shop, or warehouse, or any other house or building, privately and feloniously steal any goods, wares, or merchandize, or any other article or articles, thing or things of value, though such store, shop, or warehouse, or other house or build |