, 1854-05-06

NV 4 I. i TetHtICe 10 tFlnieS ana InH1SN'
ments and Proceedings in Criminal Gases
OF THE RIGHTS OF PERSONS WHO ARE ACCUSED
OF CRIMES AND OFFENCES.
SEC. l. BE ii enacted BY the Legislature
assembly Of Tie Territory Of Washington,
That no person shall be held to answer in
any court for an alleged crime or offence
unless upon indictment by a grand jury,
except in proceedings before a justice Of
the peace, or before court martial.
See. 2. On the trial of any Indictment,
the party accused, shall have the right to
be heard by himself or counsel, to meet the
witnesses produced against him, face to face,
and he shall have the right to produce wit
ncsscs and proofs in his favor, and have
compulsory process to compel the attendance
of witnesses in his behalf, and to speedy,
public trial by animpartial jury.
See. 3. No person indicted for an offence,
shall be convicted thereof unless by confes-
sion of his guilt in open court, or by the
verdict of jury accepted and recorded by
the court.
See. T. No person shall be held to answer
on a second Indictment for an offence Of
which he has been acquitted by jury upon
the facts and merits on a former trial, but
such acquittal may be pleaded by him in bar
Of any subsequent prosecution for the same
offence, notwithstanding any defect in the
former, or in the substance of the indictment
on which he was acquitted.
Sec. 5. If any person indicted for an Of
| f.nnn shall ~, tv;a1 hu noupiNtnI
the ground of variance between the indict-
ment and the proof, or upon any exception
to the form, or to the substance of the in
dictment, he may be arraigned on new in
dictment, and may be tried and convicted
for the same offence, Notwithstanding such
former acquittal, except where such former
charge was capital offence.
Sec. 6. No person charged with any Of
fence against the law, shall be punished
for such offence, unless he shall have been
duly and legally convicted thereof in q court
having competent jurisdiction of the case,
and Of the person.
Sec. I. Every person held in prison on
indictment, shall, if he require it, be tried
at the next term of the court after the
time be was imprisoned, or shall be bailed
on his own recOgnizance, and every person
held in prison on any charge of having COM
mitted an offence shall be discharged, If he
be not indicted before the end Of the first
term of the court at which he is held to an
swer, unless it shall appear to the satisfac-
ton Of the court that the witnesses on the
part of the Territory have been enticed or
kept away, or are detained and prevented
from attending the court by sickness or
some inevitable accident.
Sec. 8. Every person charged with an
offence except that of murder in the first
degree where the proof is evident, or the
presumption great, may be bailed by sufli-
eient sureties, and bail shall Justify and
have the same rights as in civil cases, ex-
eept as otherwise provided in this act.
Sec. 8. No person shall be held liable to
answer criminally for any offence, unless pre-
scribed by statute.
Sec. 10. Prosecutions for the offences Of
murder and arson where death ensues, may
be commenced at any period after the COM
mission Of the offence, for offences, the pun
ishment Of which may be by imprisonment
in the penitentiary, within three years after
their commission, and for all other offences
within one year after their commission
Provided, that any length Of time during
which the party charged, was not usually
and publicly resident within the Territory,
shall not be reckoned within the one and
three years respectively and further pro
vided, that where person has been indict-
ed within the period during which an indict-
ment might be found, if the Indictment be
.quashetl, the time of limitation shall be com
lputed from the quashing Of such indictment
| CRIMES AND MISDEMEAN0RS.
Sec. IL. All offences which may be pun
ishable by Imprisonment in the penitentiary,
are feionies and all other offences are mis-.
demeanors.
OF oFFENcEs AGAINST THE LIVES AND PER
SONS OF INDIVIDUALS.
Sec -. Every person who shall purpose
ly, and Of deliberate and premeditated NAL.
ice, or in the perpetration, or attempt to
perpetrate, any rape, arson, robbery or bur
glary, or by administering poison, or eau
sing the same TO be done, kill another, ev.
cry such person shall be deemed guilty ol
murder in the first degree, and upon con
viction thereof shall suffer death. But this
shall in no case prevent the exercise Of the
pardohing power Of the Governor, or the
authority to commute the punishment from
that of death to Imprisonment for life.
Sec. Is. Every person who shall purpose
ly and malciously, but without deliberatioT
! and premeditatiOn, kill another, every sucl
person shall be deemed guilty Of murder
in the second degree, and upon conviction
thereof, shall be imprisoned in the peniten
tiary, for term Of not less than ten, mol
more than twenty years, and kept at hare
labor
Sec II. If either party to duel be kill
ad tho cs,rt;yop shall ha daeTtaad opntitV N