CRIMES AND PUNISHMENTS

—Allowance to witnesses,

    Acts concerning the admission of Quakers, &c.
to make their affirmation as jurors, &c.
    Acts respecting writs of habeas corpus,
    See Habeas Corpus.
    If a person committed for treason or felony plainly
expressed in the warrant, upon his prayer in open
court, the first day of the term, to be brought to trial,
shall not be indicted, the court shall upon motion, on
the last day of the term, set at liberty the prisoner upon
bail, unless it should appear that the witnesses for
the state could not be produced,
—If not indicted the second term, he may be discharged,
if not charged with other process,
    The offences hereinafter mentioned against the government
and supremacy of the laws, to be punished
in the manner following:
    1st.  Treason—death by hanging, or confinement in 
the penitentiary not less than 6 nor more than 20
years.  2d.  Insurrection or rebellion by free negroes,
mulattoes or slaves, and by white persons with them—
death by hanging.  Consulting, conspiring, &c. by such
free negroes, &c. and by white persons with them, to
raise insurrection or rebellion—confinement in the penitentiary
not less than 6 nor more than 20 years.  3d.
Counterfeiting the great seal of the state, or any court,
or any other public seal, and using the same, or stealing
any of them, or being in possession and wilfully
concealing them—confinement, &c. not less than 5 nor
more than 10 years.  4th.  Forging and counterfeiting
any gold or silver coin in circulation within the state,
or falsely uttering the same, or aiding therein—confinement
&c. not less than 4 nor more than 10 years,
    Murder perpetrated by poison, by lying in wait, by
wilful, deliberate, and premeditated killing, or committed
in the perpetration of or attempt to perpetrate
any arson, or to burn any barn, &c. or other out house,
not parcel of any dwelling house, having grain, &c.
therein, rape, sodomy, mayhem, robbery, or burglary,
to be deemed murder of the first degree,
—All other kind of murder to be deemed murder
of the second degree,
—The jury, if they find the person guilty, to ascertain
the degree by their verdict,
—If convicted by confession, the court to proceed
by examination of witnesses to determine the degree,
and to give sentence accordingly,
—Every person liable to be prosecuted for petit treason,
to be indicted and punished as directed in other
kinds of murder, according to the degree,
    The offences hereinafter mentioned, affecting the
lives or the persons of individuals, to be punished in
the manner following,
    1st.  Murder in the first degree, and aiding, &c.—
death by hanging.  2d.  Murder of the second degree,
and be accessary—confinement, &c. not less 5 nor
more than 18 years.  3d.  Manslaughter—confinement
&c. not more than 10 years.  4th.  Mayhem, tarring
and feathering, or aiding, &c.—confinement, &c. not
more than 10 years.  5th.  Cutting out or disabling the
tongue, putting out an eye, slitting the nose, cutting
or biting off the nose, ear, or lip, cutting or biting off,
or disabling any limb or member of malice aforethought,
with intention to maim or disfigure, or aiding,
&c.—confinement &c. not less than 2 nor more than
10 years.  6th.  Rape, or as being accessary thereto
before the act—death by hanging, or confinement &c.
not less than 1 nor more than 21 years.  7th.  Carnal

  1808       113   3
                          4
  1809        62
  1815      182
  1809      125
  1813      175
 
 
 
 

  1809      125    7

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  1809      138    2
 
 
 
 

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