Murder, first degree. Murder by obstructing or injuring a railroad. Murder, second degree. Manslaughter. Administering poison. Administer ing medicine when intoxi cated. SECTION 1. Whoever purposely, and either of deliberate and premeditated malice, or by means of poison, or in perpetrating, or attempting to perpetrate, any rape, arson, robbery, or burglary, kills another, is guilty of murder in the first degree, and shall suffer death. [33 v. 33, § 1; S. & C. 401.] SEC. 2. Whoever maliciously places an obstruction upon a railroad, or displaces or injures any thing appertaining thereto, with intent to endanger the passage of any locomotive or car, and thereby occasions the death of another, is guilty of murder in the first degree, and shall be punished accordingly. [60 v. 17, § 1; S. & S. 268.] SEC. 3. Whoever purposely and maliciously, except as provided in the last two sections, kills another, is guilty of murder in the second degree, and shall be imprisoned in the penitentiary during life. [33 v. 33, § 2; S. & C. 402.] SEC. 4. Whoever unlawfully kills another, except as provided in the last three sections, is guilty of manslaughter, and shall be imprisoned in the penitentiary not more than twenty years nor less than one year. [33 v. 33, § 3; S. & C. 403.] SEC. 5. Whoever administers poison to a person, with intent to kill or injure such person, or mingles poison with food, drink, or medicine, with intent to kill or injure any human being, or willfully poisons any well, spring, cistern, or reservoir of water, shall be imprisoned in the penitentiary not more than fifteen nor less than two years. [58 v. 65, § 1; S. & S. 266.] SEC. 6. Whoever, while in a state of intoxication, prescribes or administers any poison, drug, or medicine to another, which endangers the life of such other person, shall be fined not exceeding one hundred dollars, and imprisoned not more than twenty days. [32 v. 20, § 3; S. & C. 440.] Administer medicine. SEC. 7. Whoever prescribes any drug or medicine to another, the true nature and composition of which he does not, ing secret if inquired of, truly make known, but avows the same a secret medicine or composition, and thereby endangers the life of such other person, shall be fined not exceeding one hundred dollars, and imprisoned not more than twenty days. [32 v. 20, § 4; S. & C. 440.] to procure abortion. SEC. 8. Whoever, with intent to procure the miscarriage Attempting of any woman, prescribes or administers to her any medicine, drug, or substance whatever, or, with like intent, uses any instrument or means whatever, unless such miscarriage is necessary to preserve her life, or is advised by two physicians to be necessary for that purpose, shall, if the woman either miscarries or dies in consequence thereof, be imprisoned in the penitentiary not more than seven years nor less than one year. [32 v. 30, §1; S. & C. 440; 64 v. 135, § 2; S. & S. 271.] Punishment if the woman dies or miscarries. SEC. 9. Whoever has carnal knowledge of a female per- Rape. son forcibly and against her will, or, being seventeen years of age, carnally knows and abuses a female child under ten years of age, with her consent, is guilty of rape. [72 v. 93, §§ 1, 2] Punishment SEC. 10. A person convicted of rape upon his daughter, or sister, or a female child under twelve years of age, shall for rape. be imprisoned in the penitentiary during life; and a person convicted of rape upon any other female shall be imprisoned in the penitentiary not more than twenty nor less than three years. [72 v. 93, §§ 1, 2.] SEC. 11. Whoever, by force and violence, or by putting Robbery. in fear, steals and takes from the person of another any thing of value, is guilty of robbery, and shall be imprisoned in the penitentiary not more than fifteen years nor less than one year. [33 v. 33, § 15; S. & C. 406.] SEC. 12. Whoever, with malicious intent to maim or disfigure, cuts, bites, or slits the nose, ear, or lip, cuts out or dis ables the tongue, puts out or destroys an eye, cuts off or disables a limb, or any member of another person, shall be imprisoned in the penitentiary not more than twenty years nor less than one year. [33 v. 33, § 23; S. & C. 411.] SEC. 13. Whoever maliciously shoots, stabs, cuts, or shoots at, any other person, with intent to kill, wound, or maim such person, shall be imprisoned in the penitentiary not more than twenty years nor less than one year. [64 v. 43, § 1; S. & S. 265. SEC. 14. Whoever assaults another with intent to kill, or to commit rape or robbery upon the person so assaulted, shall be imprisoned in the penitentiary not more than fifteen nor less than two years. [62 v. 77; S. & S. 262.] SEC. 15. Whoever intentionally, and without malice, points or aims any fire-arm at or toward any person, or discharges any fire-arm so pointed or aimed, or maims or injures any person by the discharge of any fire-arm so pointed or Maiming or disfiguring another. Shooting, cutting, or stabbing with intent to kill, etc. Assault with intent to kill, or commit rape or robbery. Pointing firearms at, and discharging same, and injuring thereby. Assault and battery and menacing reat. Kidnapping. Child-stealng. Abducting girls from Girls' Indus trial Home. Enticing girls to escape from Girls' Indus trial Home. Libel. Blackmailing. aimed, shall be fined not more than one hundred dollars, or imprisoned not more than one year or both. This section shall not extend to any case when fire-arms are used in selfdefense, or in the discharge of official duty, or in case of justifiable homicide. [72 v. 44, §§ 1, 2, 3, 4.] SEC. 16. Whoever unlawfully assaults or threatens another, in a menacing manner, or unlawfully strikes or wounds another, shall be fined not more than two hundred dollars, or imprisoned not more than six months. [64 v. 21; S. & S. 276.] SEC. 17. Whoever kidnaps, or forcibly or fraudulently carries off or decoys out of this state, any person, or arrests or imprisons any person with the intention of having such person carried out of this state, unless it be in pursuance of the laws thereof, shall be imprisoned in the penitentiary not more than seven nor less than three years. [65 v. 87; S. & S. 275.] SEC. 18. Whoever leads, takes, carries, decoys, or entices away a child under the age of twelve years, with intent unlawfully to detain or conceal such child from its parent, guardian, or other person having the lawful charge or custody thereof; and whoever, with the intent aforesaid, knowingly harbors or conceals any such child so lead, taken, carried, decoyed, or enticed away, shall be imprisoned in the penitentiary not more than twenty years nor less than one year. [73 v. 207, §§ 1, 2.] SEC. 19. Whoever abducts a girl who is an inmate of the Girls' Industrial Home, shall be imprisoned in the penitentiary not more than five years nor less than one year. [69 v. 189; 73 v. 249, § 1.] SEC. 20. Whoever persuades, induces, or attempts to entice a girl who is an inmate of the Girls' Industrial Home, to escape therefrom, shall be fined not more than one hundred nor less than twenty dollars. [73 v. 249, § 2.] SEC. 21. Whoever writes, prints, or publishes, any false or malicious libel [of] or concerning another, shall be fined not more than five hundred dollars, or imprisoned not more than six months, or both; but nothing shall be deemed a libel unless there is a publication thereof. [64 v. 69; S. & S. 279.] SEC. 22. Whoever knowingly sends or delivers any writing, for the purpose of extorting money, or other valuable thing, or containing willful and malicious threats of injury, shall be fined not more than five hundred dollars, or imprisoned not more than thirty days, or both. [26 v. 144, § 23; S. & C. 430.] 6. Entering house by night or day and attempting to commit felony. 7. Breaking into building in day-time to steal. 8. Breaking open house, etc., and committing, or attempting to commit, personal violence. 9. Committing like offense in the daytime. 10. Entering premises of another to disturb bees, etc., or to carry away bees, honey, poultry, or grain. 11. Embezzlement by servants of private persons or corporations, and by officers, and agents and employes of officers. 12. Embezzlement of negotiable instruments before delivery. 13. Embezzlement by carriers and innkeepers. 14. Embezzlement by warehousemen, forwarding and commission merchants, etc. 15. Embezzlement by municipal officers. 16. Selling public property with intent to defraud. 17. Selling or detaining military property of the state, and of militia organizations. 18. Removing mortgaged personal property out of the county. 19. Altering ear-marks or brands of domestic animals. 20. Killing or injuring domestic animals. 21. Administering poison to domestic anlmals. 22. The last two sections not to apply to trespassing animals. 23. Taking, using, etc., horse, mule, etc., 24. Selling diseased animals, allowing 25. 26. Larceny. Horse-stealing, and receiving or con- 27. Receiving property stolen, etc. 29. Malicious destruction of property. 30. Malicious destruction of trees and ARSON AND OTHER BURNINGS. SECTION 1. Whoever maliciously burns, or attempts to burn, any dwelling-house, kitchen, smoke-house, shop, office, barn, stable, store-house, warehouse, malt-house, still-house, mill, pottery, or any other building, the property of another person, of the value of fifty dollars, or any church, Arson. Burning property with intent to prejudice insurer. Burning personal property. Maliciously setting fire to woods, prairies, etc. Burglary. meeting-house, court-house, work-house, school-house, jail, or the Ohio penitentiary, or any shop, store-house, or building within the inclosed walls thereof, or any other public building, or any ship or other water-craft, of the value of fifty dollars, or any toll-bridge, or any part thereof, erected across any river wholly or partly within this state, or any other bridge of the value of fifty dollars, erected across any of the waters within this state, or sets fire to, or attempts to set fire to, any thing in or near to any such building, water-craft, or bridge, with intent to burn the same, shall be imprisoned in the penitentiary not more than twenty years. [33 v. 33, §§ 12, 13, S. & C. 406; 60 v. 85, §§ 1, 2; S. & S. 267; 66 v. 122, § 1.] SEC. 2. Whoever maliciously burns or sets fire to any dwelling-house, kitchen, smoke-house, shop, office, barn, stable, store-house, warehouse, still-house, mill, pottery, or any other building, of the value of fifty dollars, or any goods, wares, merchandise, or other chattels, of the value of fifty dollars, or any ship or other water-craft, the same being his own property, and insured against loss or damage by fire, with intent to prejudice the insurer, shall be imprisoned in the penitentiary not more than twenty years. [57 v 49, §§ 1, 2; S. & C. 457a.] SEC. 3. Whoever maliciously sets fire to, or burns, any barrack or stack of hay, wheat, rye, oats, barley, flax, hemp, fodder, or grain of any kind, or any corn-crib, or place wherein corn is deposited, or any fence, boards, plank, scantling, rails, tan-bark, or timber, the property of another, shall, if the value of the property is thirty-five dollars or more, be imprisoned in the penitentiary not more than three years nor less than one year, or, if the value is less than that sum, be fined not more than one hundred nor less than five dollars, or imprisoned not more than thirty days, or both. [54 v. 162, §§ 1, 2; S. & C. 425.] SEC. 4. Whoever maliciously, or negligently, sets fire to any woods, prairies, or grounds, not his own property, or maliciously permits any fire to pass from his own prairies or grounds, to the injury or destruction of the property of any other person, shall be fined not more than one hundred dollars, or imprisoned not more than twenty days, or both. [72 ν. 149, § 1.] BURGLARY AND OTHER BREAKINGS. SEC. 5. Whoever, in the night season, maliciously and forcibly breaks and enters any dwelling-house, kitchen, smoke-house, shop, office, store-house, warehouse, malt-house, still-house, mill, pottery, factory, water-craft, school-house, church or meeting house, barn or stable, or railroad car, car factory, or station-house, with intent to commit a felony, or with intent to steal property of any value, shall be imprisoned in the penitentiary not more than ten years nor less than one year. [69 v. 10, § 14.] |