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PROVISIONAL LAWS

AND

JOINT RESOLUTIONS

PASSED AT THE FIRST AND CALLED SESSIONS

OF THE

GENERAL ASSEMBLY

OF

JEFFERSON TERRITORY,

HELD AT DENVER CITY, J. T., NOVEMBER AND

DECEMBER, 1859, AND JANUARY, 1860.

PUBLISHED BY AUTHORITY.

T
ROBERTSON & CLARK, PRINTERS,

1860.

L11267

FEB 2 0 1936

PROVISIONAL TERRITORIAL OFFICERS

Governor
ROBERT W. STEELE.

Secretary
LUCIAN W. BLISS.

Treasurer
R. L. WOOTEN.

Auditor
C. R. BISSELL.

Judges of The Supreme Court
A. J. ALLISON, CHIEF JUSTICE.
L. W. BORTON, ASSOCIATE JUSTICE.
S. J. JOHNSON, ASSOCIATE JUSTICE.

OSCAR TOTTEN, CLERK.

Attorney-General
SAMUEL MCLEAN.

Marshal
HICKORY ROGERS.

Superintendent of Public Instruction

H. H. MCAFEE.

Commissioners To Codify The Laws

ELI CARTER.
ZAREMBA JACKSON.

LEGISLATURE

Council

HENRY ALLEN, PRESIDENT.
ELI CARTER, PRESIDENT PRO TEM.

W. D. ARNETT.
JAMES EMMERSON.
MARK A. MOORE.

D. SHAFER.
J. M. WOOD.
N. G. WYATT.

House of Representatives
JAMES A. GRAY, SPEAKER.

J. S. ALLEN.
WILLIAM DAVIDSON.

A. J. EDWARDS.
T. S. GOLDEN.

C. P. HALL.
J. N. HALLOCK.

M. D. HICKMAN.
ZAREMBA JACKSON.

S. B. KELLOGG.
EDWIN JAMES.
W. P. MCCLURE.
A. MCFADDEN.
JOHN C. MOORE.
MILES PATTON.

C. C. POST.
W. M. SLAUGHTER.

ASA SMITH.
J. S. STONE.
D. K. WALL.

PART FIRST. CRIMINAL CODE.

AN ACT to adopt and establish a Criminal Code for the

Territory of Jefferson.

CHAPTER I. Be it enacted by the General Assembly of the Provisional Government of the Territory of Jefferson, the Governor approving.

OFFENCES AGAINST THE LIVES AND PERSONS OF INDIVIDUALS. Murder.

SECTION 1. Whoever kills any human being with malice afore thought, either express or implied, is guilty of murder. First Degree; Punishment.

Sec. 2. All murder which is perpetrated by means of poison, or lying in wait, or any other kind of wilful, deliberate and premeditated killing, or which is committed in the perpetration or attempt to perpetrate, any arson, rape, robbery, mayhem or burglary, is murder in the first degree, and shall be punished with death. Second Degree; Punishment.

Sec. 3. Whoever commits murder otherwise than is set forth in the preceding section, is guilty of murder in the second degree, and shall be punished by imprisonment in the penitentiary for life, or for a term not less than ten years. Trial for murder; How convicted.

Sec. 4. Upon the trial of an indictment for murder, the Jury, if they find the defendant guilty, must inquire, and by the verdict ascertain, whether he be guilty of murder of the first or second degree; but if such defendant be convicted on his own confession in open court, the court must proceed, by the examination of witnesses to determine the degree of murder and award sentence accordingly. Manslaughter.

Sec. 5. Any person guilty of the crime of manslaughter, shall

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