Santa Fe daily New Mexican. [volume] (Santa Fe, N.M.) 1885-1897, 1891-03-24
The New Criminal Code.

ment and criminal procedure.
Be it enacted BY the legislative assem-
bly of the territory of New Mexico:
Section /. Murder is the unlawful kill
ing of human being, with malice afore
thought, either expressed or implied
The unlawful killing may be effected by
any of the various means by which
death may be occasloned.
Sec. 2. Express malice is that deliber.
ate intention unlawfully to take away
the life of a fellow creature, which is
manifested by external circumstances
capable of proof.
Sec. 8 Malice shall be implied when
no considerable provocation appears, or
when all circumstances OF the killing show
wicked and malignant heart.
Sec. 4. All murder which shall be
perpetrated by means OF poison or lying
in wait, or by any kind of willful, delib-
crate and premeditated killing, or which
is committed in the perpetration of,
or attempt to perpetrate any felony, or
perpetrated from deliberate and premi-
ditated design, unlawfully and malicious
ly to effect the death OF any human
being or perpetrated by any act greatly
dangerous to the lives OF others, and
indicating depraved mind regardless of
human life, shall be deemed murder in
the first degree.
Sec. 5. All murder which shall be per-
petrated without design to effect death,
by person while engaged in the COM
mission of a misdemeanor; or which
shall be perpetrated in the heat of pas
sion without design to effect death, but
in a cruel and unusual manner, or by
means of dangerous weapon, unless it
is committed under such circumstances
as constitute excusable or justih-
able homicide, or which shall
be perpetrated unnecessarily eth
er while resisting an attempt
by the person killed to commit any Of
fense against person or property, or after
such attempt shall have failed, shall be
deemed murder in the second degree.
Sec. 6. Every killing of a human be-
ing by the act, procurement or culpable
negligence of another, which under the
provisions of this act is not murder in
the first degree, and which is not excusa-
able or justlfable homicide as now defin
ed by law, shall be deemed murder in the
third degree.
Sec. 7. Every person convicted OF
murder in the first degree shall be pun
ished by death. Every person convicted
of murder in the second degree shall be
punished by imprisonment in the terrific
rial penitentiary for any period of time
not less than three years. Every person
convicted of murder in the third degree
shall be punished by Imprisonment in the
territorial penitentiary for period of time
not less than one year, nor more than
ten years.
Sec. 8. Every person convicted of the
crime of larceny, or of the crime of em-
bezzlement, or OF the crime Of feloniously
receiving stolen goods, or-property, shall
be punished by imprisonment in the ter
ritorial penitentiary not less than one
year nor more than ten years, if the val
ue Of the property stolen, embezzled, or
feloniously received shall exceed $25;
and by imprisonment in the county Jail
not more than six months, or by fine not
exceeding 5000, or both such fine and
Imprisonment, if the value Of such prop
erty shall be $25 or less.
Sec. 8. Every pereon convicted OF tht
crime Of robbery, or OF the crime Of burg
larry shall be punished by Imprisonment
in the territorial penitentiary not less
than three, nor more than fifteen years.
Section 10. In the trial of the criminal
cases, punishment within the limits pre-
scribed by law shall be assessed by the
court in its discretion; but juries may, in
their discretion, upon return of virdict
of guilty in any criminal case recommend
defendant to the clemency Of the court,
and any such recommendation shall re-
ceive due consideration by any court.
Sec. IL. This act shall not be constru
ed in any manner to affect offenses COM
mitted prior to the passage thereof, but
all such offenses shall be prosecuted under
the existing laws; and this act shall take
effect from and after its passage as to all
oGenses committed subsequent to the pas
sage of this act, and as to such last men
toned offenses, all acts and parts Of acts
in conflict with this act are hereby re-
pealed.
Approved, Feb. 26, 1891.