The Trinity journal., 1856-05-03
Crimes and Punishments.

Among the most important acts of the
last Legislature is the one amending the act
concerning crimes and punshments The
act makes three grades Of fclonouS homicide
murder in the first degree, murder in the
second degree, and manslaughter. The pun
ishment Of the first is death, Of the second
not less than ten years i'll the State Prison,
and the latter not exceeding ten years i'm
prisonment This is certainly an improve
ment on the old law. 1t also abolishcs the
death penalty in cases of robbery and grand
larceny. The amendments are important
and we give them entire, as taken from the
Sacramento Union of the 28th ut:
An ACT to amend an act entitled "An act
concerning Crimes and Punshmcnts," passed
April 10th, 1850.
The People Of the State of California, rep
resented in Senate and Assembly, do enact
as follows:
Sec l. Section 4 Of said act is hereby
amended 50 as to read as follows: An infant
under the age Of fourteen years of age shall
be deemed incapaDi7 Of knowing the distinc-
ton between good and evil, unless the con-
trary be clearly shown.
Sec 3 Section 2 of said act is amended
so as to read as follows: Malice shall be inn
piled when no considerable proyocation ap-
pears or when all the circumstances of the
killing show an abandoned and malignant
heart AL murder which shall be perpetra-
ted by means Of poison or lying in wait,
torture, or by any other kind Of wilful, de-
liberate, and premedtated killing, or which
shall be committed in the preparation, or
attempt to perpetrate any arson, rape, rob
berry or burglary, shall be deemed murder of
the first degree, and all other kinds Of MUIR
der shall be deemed murder of the second
degree, and the jury before whom any per-
son indicted for murder shall be tried, shall,
if they find such person guilty thereof, de-
Slgnatc by their verdict whether it be mur-
der Of the first on second degree but if such
person shall he convicted on confession in
open court, the court shall proceed by eX-
Of witnesses to determine the de- /
gree OF crime, and give sentence accordingly. /
Every person convicted of murder of the first
degree shall suffer death, and every person
convicted of murder Of the second degree
shall suffer imprisonment in the State Prs-
on for term not less than ten years, and
which may extend to life
Sec. 3. Section 2G of said act is amended
so as to read as follows: Every person con
yicted of the crime of manslaughler shall be
punished by Imprisonment in the State Prs-
on for term not exceeding ten years.
Sec. 4 Section 46 Of said act is amended
so as to read us follows: Mayhem consists
in unawtully depriying a human being of a
member of his Or her body, or disfguring or
rendering it useless. If any person shall cut
out or disable the tongue, or put out an
eye, slit the nose, ear, or lip, or disable any
limb or m0mber Of another, or shall vOlun-
tariIy or OF purpose, put out an eye or eyes,
such person shall be guilty Of mayhem. The
crime Of mayhem shall be punishable by i'm
prisonment in the State Prison for term
not to exceed fourteen years.
Sec. 5. Section 40 of said act is amended
SO as to read as follows: An assault is an
unlawful attempt coupled with present abil-
lty, to commit violent injury Oh the per-
son of another, and every person convicted
thereof shall be fined in a sum not exceeding
$500, or Imprisonment in the county jail not
exceeding three months.
Sec. g. Section so of the said act is |
amended so as to read as follows: Robbery .
is the felonious and violent taking of money
goods or other valuable thing, from the per-
son of another, by force or intimidation
Every person guilty of robbery shall be pun
ished by Imprisonment in the State Prison.
for term not less than one year, and which
may extend to life.
Soc I Snrtinn 90 nr .nil nn4 :; -.--.-1