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merated in the twenty-sixth article, or if the husband or the reputed husband shall aid the wife in the commission of the offence, or shall be PRESENT during the time of its commission, without endeavouring to prevent it, either of these circumstances shall be proof that the offence was committed by their command or persuasion.
ART. 29. If any minor or married woman, shall have committed any offence, and the persons standing in relation to such minor, which are enumerated in the twenty-sixth article, or the husband of the wife, shall be convicted of having persuaded, commanded, or aided in the said offence, then said persons so convicted, shall be punished as follows, that is to say :
If the minor be under fifteen years of age at the time of committing the offence, then the duration of the punishment, if the same shall consist of imprisonment, and the amount of the fine, if any, which would otherwise have been inflicted on such persons, shall be increased one-half. And if the minor shall be above fifteen years, then one-fourth; and in either case, if the punishment for such offence be imprisonment for life; then one month of such imprisonment, in every year, shall be in solitude.
Art. 30. No act done by a person in a state of INSANITY can be punished as an offence. No person becoming insane after he has committed an offence, can be tried for the same. No person becoming insane after he has been found guilty, shall be sentenced while in that state.
'sentenced shall be punished, if he afterwards become and continue insane.
And during the continuance of the punishment, if the convict be deprived of his reason, so much of the punishment as may consist of hard labour, shall, during such insanity, cease.
In all the cases mentioned in this article, the court having cognizance of the offence, shall make order for securing the person of the accused. The manner of ascertaining whether insanity is feigned or real, is provided for in the fourth book.
ART. 31. Private soldiers, nor non-commissioned officers in the army, or in the militia when in actual service, are not liable to punishment for misdemeanors committed by the order of any officer, whose legal military order they were bound to obey; but all officers giving or transmitting the command, are liable to the penalties of the law.
ART. 32. The order of a military superior is no justification or excuse for the commission of a crime.
ART. 33. The order, warrant, or writ issued by a magistrate or court, shall justify the person executing it for any act done in obedience thereto, only in cases wherein the following circumstances concur :
1. The court or magistrate must have JURISDICTION of the cause, or coGNIZANCE of the matter in which the order, warrant, or writ was issued.
2. The writ, warrant or order, must have all the forms required by law for such writs, as it purports to be.
3. The person executing it, must be an officer bound to execute, by virtue of his office, such writs as it purports to be, or he must be a person legally called upon by such officer, to aid in the execution of the order, warrant or writ.
4. He must have no knowledge of any illegality in obtaining or executing the order, warrant, or writ.
ART. 34. The legal order of a coMPETENT magistrate or court, if executed by a person DULY AUTHORIZED, will justify those acts which are expressly commanded by such order, and also all those acts which are the necessary means of carrying the order into execution, but it will justify no other acts; the means allowed as necessary by law, are detailed in the fourth book.
ART. 35. If one be forced by threats or actual violence to do any act, which if voluntarily done, would be an offence, he shall be exempted from punishment, by proving the following circumstances.
1. That he was threatened with the loss of life or limb, if he did not perform the act; and that he had good reason to believe, that such threat would be executed.
2. That he made every endeavour which could be made by any man of common courage, to resist or escape from the power of the person using the threats.
3. That the act of which he is accused, was done while he was in the presence of the person using the threats or violence, and during the continuance of the same.
ART. 36. Ifone intending to commit an offence, and in the act of preparing for, or executing the same, shall, through MISTAKE or ACCIDENT, do another act which, if voluntarily done, would be an offence, he shall incur the penalty for the act really done. Provided, that if the act intended to be done, be a misdemeanor, he shall only incur the highest penalty provided by law for the offence he intended to commit, although the act done would, if he had intended it, have been a crime.
But if the intent was to commit a crime, although INFERIOR IN DEGREE, he shall incur the penalty provided by law, for the act really done.
Art. 37. No event happening through MISTAKE or ACCIDENT in the performance of a lawful act, done with ORDINARY ATTENTION, is an offence.
Art. 38. An act forbidden by law, though done through MISTAKE O ACCIDENT, from the want of ORDINARY CARE AND ATTENTION, is punishable. The several offences of this nature are enumerated in the third book.
ART. 39. The intention to commit an offence shall be presumed whenever the means used are such as, in the common course of events, must produce the event which is forbidden.
Art. 40. The fact which constitutes an offence being proved, all facts or circumstances on which the accused relies to justify or excuse the prohibited act or omission, must be proved by him.
Art. 41. If any person who shall' ATTEMPT TO COMMIT an offence, fail in completing the same, or is interrupted from any cause, not depending on
his own will, he shall suffer ONE HALF OF THE PUNISHMENT, to which he would have been sentenced, if he had completed the whole.
Art. 42. Military offences are not comprehended in this code.
Art. 43. The Indian tribes residing within the boundaries of this state, being governed by their own usages, no act done within their boundaries by individuals belonging to such tribes, in their intercourse with each other, or with other tribes, and not affecting any other person, is considered as an offence against this code ; in other respects they are considered in the same light with other persons in the state, both as to protection and liability to punishment.
Art. 44. Offences committed by slaves, form the subject of a separate code; they are not included in any of the provisions of this.
Of a Repetition of Offences.
ART. 45. Any person, who, having been convicted of a misdemeanor, shall afterwards repeat the same offence, or commit any other misdemeanor of the same nature, shall suffer ADDITION OF ONE HALF to the punishment he would otherwise have suffered. If the first conviction was for a crime,