Chapter 22_page_060

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Title (1866) Acts, Resolutions and Memorials, Passed at the Several Annual Sessions of the Legislative Assembly of the Territory of Utah, 1866
Subject Law
Description (1866) The Fifteenth Legislature, 1865, passed an act to print the laws as prepared and reported by the Joint Committee on Revision and Compilation, including laws of the current session. No 1865 session law was printed because these acts were incorporated into the 1866 compilation.
Publisher Legislative Assemblye of the State of Utah
Date 1866
Type Text
Format image/jpeg
Digitization Specifications Photocopies scanned with Epson Expression 1640 XL and saved as 400 ppi uncompressed TIFF's. Display JPEG's created in PhotoshopCS at 800 x 1125 ppi
Identifier KFU30 1866 .A193
Language eng
Rights Management Digital image copyright 2005, S.J. Quinney College of Law. All rights reserved
Holding Institution S.J. Quinney College of Law, The University of Utah, South 1400 East, Salt Lake City, UT
Source Physical Dimensions 15 cm x 23.5cm
Metadata Cataloger Kelly Taylor
Scanning Technician Amanda Wilson
ARK ark:/87278/s6w37x2b
Setname uu_law_uschs
Date Created 2005-11-15
Date Modified 2006-01-25
ID 717212
Reference URL

Page Metadata

Title Chapter 22_page_060
Description 60 LAWS OF UTAH. guardian or ©tbers, as the case may be, and in plain, simple English language, the specific nature, operation and design of said poison or poisonous preparation about to be or intended to be given, and procuring the unequivocal approval, approbation and consent of the patient, if of mature years and sound mind, and of the parents, guardians or other friends, to the giving, administering or communicating said poison so intended, said doctor, physician, apothecary, person or persons so administering said poison, without the full and free assent of said patient and friends, shall be adjudged guilty of a high misdemeanor, and be punishable in any sum not less than one thousand dollars, and be imprisoned or confined to hard labor for any time not less than one year; and if the death of the patient or person so receiving the poison, as above specified, shall follow the taking of the same, without being made acquainted with the nature thereof, then the doctor, physician, apothecary, person or person on so giving or causing to be given said poison, shall be adjudged guilty of manslaughter or murder, as the case may be, by any court having jurisdiction, and be punished according to law for such crimes: Provided, that the administration of poisons, as specified in the forepart of this section, and the penalties thereof shall not attach to doctors, physicians and apothecaries, having their own drugs, poisons and medicines, accompanying and administering to companies and individuals traveling through the Territory, the same not being citizens of the Territory; but all such doctors and companies so traveling may administer to and receive of their own drugs, poisons or medicines, with good intent, on their own responsibility. title x. Offenses against the Public Peace. Sec. 107.-If two or more persons voluntarily or by agreement engage in any fight, or use blows or violence toward each other in an angry or quarrelsome manner, in any public place, to the disturbance of the peace, they are guil ty of an affray, and shall be punished by imprisonment not more than three months, or fine not more than fifty dollars. Sec. 108.-When three or more persons together, and in a violent or tumultuous manner, commit an unlawful act, or together do a lawful act in an unlawful, violent or tumultuous manner, to the disturbance of others, they are guilty of riot; and every such offender shall be punished by imprisonment not more than one year, or by fine not more than five hundred dollars. TITLE XI. Justifiable Killing'and the Prevention of Public Offenses. Sec. 109.-Lawful resistance to the commission of a public offense may bemadeby the party about to be injured, or by others. Resistance sufficient to prevent the offense may be made by the party about to be injured, first, to prevent an offense against his person; second, to prevent an offense against his wife, child, father or mother, brother or sister; third, to prevent an illegal attempt by force to take or injure property in his lawful possession. Sec. 110.-Any other person, in aid or defence of the person about to be injured, may make resistance sufficient to prevent the offense. Sec. 111.-If any person shall kill another in his own defence, as above provi- " ded, or in a sudden heat of pession caused by the attempt of any such offender to commit a rape upon his wife, daughter, sister, mother or other female relation or dependant, or to defile the same, or when the defilement has actually been committed, or in defence of his habitation against any person who attempts to enter in a violent, tumultuous or riotous manner; or offers any personal violence to any inmate thereof, either dwelling or being therein, shall be deemed justifiable homicide. Sec. 112.-A bare fear of any of these offenses being about to be or having been committed shall not be sufficient to justify the killing. It must appear that the circumstances were sufficient to excite the fears of a reasonable person, and that the party killing really acted under the influence of those fears, and not in a spirit of revenge. Sec. 113.-If an officer in the execution of his office in a criminal case, having a legal process, be resisted and assailed, he shall be justified if he kill the assailant. If any officer or private person attempt to take a person charged with treason, murder, rape, burglary, robbery, arson, perjury, forgery, counterfeiting or other erime known, denominated felony by the law, and he or they be resisted in the endeavor to take the person accused, and, to prevent the escape of the accused by reason of such resistance, he or she be killed, the officer or private person so killing shall be justified. Sec. 114.-Justifiable homicide may also consist in unavoidable necessity, within any will or desire, and without any intention or negligence in the party killing. 4
Format image/jpeg
Identifier 067_Chapter 22_page_060.jpg
Source Original Book: Acts, Resolutions and Memorials, Passed at the Several Annual Sessions of the Legislative Assembly of the Territory of Utah, 1866
Setname uu_law_uschs
Date Created 2005-11-15
Date Modified 2005-11-15
ID 717021
Reference URL