Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1869-05-14
An let i'm Relation TO Punishment
Passed April 10th, 1859.

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Section l. Punishment for murder.
Every person who is convicted, in due
course of law, of any wilful murder of ma.
lice prepense shall suffer death
Sec. 2. Punishment for rape.
Every person who is convicted, in due
course of law, of ravishing ald carnally
knowing any female of the age of ten years
or more, by force and against her will or
| who is convicted, in like manner, Of unlaw-
; fully and carnally knowing and abusing
any female child under the age of ten
years. shall suffer death.
Sec. 3. Punishment for assault with inten-
ton to commit rape.
Every person convicted, by due course
of law, of assault with intent to commit a
rape upon the body of any female, shall be
i'm prisoned in the State prison not less
than five or more than fifteen years.
Sec. 4. Punishment for arson Of inhabited
dwellings.
Every person convicted, according to due
course of law, of any wilful burning of any
inhabited dwelling house, or any part
thereof, in the night time, shall suffer i'm
prisonment, for the term of his natural life
in the States prison.
Sec. 5. Arson of gin house or tobacco
house.
Every person convicted of any wilful
burning of any gin house Or tobacco house,
or any part thereof. shall be imprisoned in
the State prison not less than five nor more
than ten years.
Sec 6. Crimes heretofore punishable with
death, how punished now.
Every person convicted of any crime,
whereof the punishment has hitherto been
death by the laws of North Carolina exist
ing at the time the present Constitution
went into effect, other than the crimes be-
fore specified in this act. shall suffer i'm
prisonment in the States prison for not
less than five, nor more than sixty years.
Sec. 7. Assault with deadly weapon with
out intent to kill
Every person who commits any assault
upon the person of another, with any dead
ly or dangerous weapon, or who unlawfully
shoots or attempts to shoot another with
any kind of firearms, with any intent to in
jure any person, without intent to XII! such
person or to commit any felony, shall be
punished, upon conviction, by imprison-
ment in the States prison not exceeding
five years.
Sec. s. Assault with deadly weapon with
intent to kill.
Every person, who unlawfully shoots, or
attempts to shoot at another with any kind
of firearms, with intent to kill any person;
or who commits any assault upon another
by means of any deadly weapon, or by
such other means or force as was likely to
produce death, with intent to kill any
other person, shall. upon conviction, be
punishable by imprisonment in the States
prison, not exceeding ten years.
Sec. 9. What punishment in lieu of corpo-
real punishment.
Every crime or offence whatever, here
tofore punishable by the laws of North
Carolina when the present Constitution
went into effect. with public whipping or
other corporal punishment, shall here
after, in lieu Of such corporal punish
ment, be punished by imprisonment in the
States prison Tor county jaiD for not less
than four months nor more than ten
years.
Sec. 10. Where convicts confined till cree
ton of Penitentiary.
Whenever, until the completion of the
States prison, any person is sentenced to
confinement therein, such convict may be
confined i'll the county Jail, or other secure
place or, if such convict be male, he
may be kept ct hard labor ON the construc-
ton Of the State prison or other public
work, as provided by law, during the whole
or any part of his imprisonment, but such
term of imprisonment shall begin to run
upon and shall include the day of his con-
viction.
Sec. II. Repeal.
An act entitled "An act in relation to
punishments," ratified the twenty second
day of August, Ammo Domini, eighteen
hundred and sixty eight, and all laws and
parts of laws in conflict with this act are
repealed.
Sec - This act shall be in force from
the day of its ratification.
Ratified this 10th day of April, a. D.,
1869. 10. W. HOLDEN.
Speaker House of Representatives.
TOD r. CALDWELL,
President of the Senate.