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The Code of the State of Georgia

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The Code of the State of Georgia PT. 4.—TIT. 1.—Penal Code. 813 Division 1. —Persons capable of committing Crimes. PART IV. PENAL LAWS. TITLE I. PENAL CODE. Division 1. Persons capable of committing crimes. Division 2. Principals and accessories. Division 3. Crimes against the State and people. • Division 4. Crimes against the person. • Division 5. Crimes against the habitation. Division 6. Crimes relative to property. Division 7. Forging, counterfeiting, and unlawful currency. Division 8. Crimes against public justice. Division 9. Against public peace and tranquility. Division 10. Against public morality, health, police and decency. Division 11. Cheats and swindlers. Division 12. Fraudulent or malicious mischief. Division 13. Offences relative to slaves. Division 14. Indictments and proceedings to execution. Division 15. Contempts of court and attempts to commit crimes. Division 16. Proceedings in preliminary courts. FIKST DIYISIOK , PERSONS CAPABLE OF COMMITTING CRIMES. Section. Section. 4188. Crime—definition. 4196. Married women. 4189. Intention. 419*7. Drunkenness—when excuse. 4190. Infants, 14 years—liable. 4198. Misfortune or accident. 4191. Under 10—incapable. 4199. Slaves under coercion. 4192. Lunatics. 4200. Slaves under persuasion. 4193. Idiots. 4201. Attempt to persuade. 4194. Aiders and abettors instead. 4202. Persons under fear. 4195. If Insanity is pleaded. 4203. Felony—what is. § 4188. Sec. I. A crime or misdemeanor shall consist in a vio- Salable of commit- in the lation of a public law, commission of which there shall tinjS crimes. 814 PT. 4.—TIT. 1.—Penal Code. Division 1. —Persons capable of committing Crimes. be an union or joint operation of act and intention, or criminal negligence. Intention, § 4189. Sec. II. Intention will be manifested by the circum- stances connected with the perpetration of the offence, and the sound mind and discretion of the person accused. Infants of §4190. Sec. III. A person shall be considered of sound mind, fourteen ca- pable. who is neither an idiot, a lunatic, or afflicted by insanity ; or who hath arrived at the age of fourteen years, or before that age, if such person know the distinction between good and evil. Under ten, § 4191. Sec. IV. An infant under the age of ten years, whose capacity, &c. tender age renders it improbable that he or she should be im- pressed with a proper sense of moral obligation, or be possessed of sufficient capacity deliberately to have committed the offence, shall not be considered or found guilty of any crime or misde- meanor. Lunatics § 4192. Sec. Y. A lunatic or person insane, without lucid in- tervals, shall not be found guilty of any crime or misdemeanor with which he or she may be charged; Provided, the act so charged as criminal was committed in the condition of such lu- nacy or insanity ; but if a lunatic hath lucid intervals of under- standing, he shall answer for what he does in these intervals, as if he had no deficiency. Idi»ts. § 4193. Sec YI. An idiot shall not be found guilty or pun- ished for any crime or misdemeanor with which he or she may be charged. YII. person counselling, advising Their c®un- §4194. Sec Any orencour- Sgatws a&mg an infant under the age of ten years, a lunatic or an idiot, bl6 Fn their to commit an offence, shall be prosecuted for such offence when stead. committed, as principal ; and if found guilty, shall suffer the same punishment as would have been inflicted on said infant, lunatic or idiot, if he or she had possessed discretion and been found guilty, piea of in- § 4195. Sec YIII. Whenever the plea of insanity is filed, it tried; * shall be the duty of the court to cause the issue on that plea to be first tried by a special jury, and if found to be true, the court shall order the defendant to be delivered to the Superintendent of the Asylum, there to remain until discharged by the General Assembly. n FT. 4.—TIT. 1.—Penal Code. 815 Division 1. —Persons capable of committing Crimes. §4196. Sec. IX. A feme covert, or married woman, acting Married wo- under the threats, command or coercion of her husband, shall creed not 7 punishable. t ; not be found guilty of any crime or misdemeanor not punishable this by death or perpetual imprisonment; and with exception, Jusbandaiii theirstead - the husband shall be prosecuted as principal, and if convicted, shall receive the punishment which otherwise would have been inflicted on the wife, if she had been found guilty ; Provided, it appears from all the facts and circumstances of the case, that violent threats, command and coercion were used. §4197. Sec. X. Drunkenness shall not be an excuse for any voluntary c d drunkenness crime or misdemeanor, unless such drunkenness was occasioned ™ excuse. If caused by by the fraud, artifice or contrivance of other person or persons, ogierj such for the purpose of having a crime perpetrated, and then the per- i8hable - son or persons so causing said drunkenness for such malignant purpose, shall be considered a principal, and suffer the same pun- ishment as would have been inflicted on the person or persons committing the offence, if he, she or they had been possessed of sound reason and discretion. § 4198. Sec. XI. A person shall not be found guilty of any Misfortune crime or misdemeanor committed by misfortune or accident, and™ where it satisfactorily appears there was no evil design or inten- tion, or culpable neglect. §4199. Sec XII. A slave committing a crime or misdemean- slaves under coercion not . vi* or, which if committed by a free white person would not be pun- punishable. ishable by this act with death, by the threats, command or coer- •J 1 J 1 the per- , But cion of his or her owner, or other person exercising~ or assuming 8on coercing 7 r o them pun- authority over such slave, shall not be found guilty and it ap- b1 ; if? ^ pearing from all the facts and circumstances of the case, that the offence was committed by the threats, command and coercion of the owner, or the person exercising or assuming authority over such slave, the said owner, or other person exercising or assum- ing authority over such slave, shall be prosecuted for the said crime or misdemeanor ; and if found guilty, shall suffer the same punishment as he or she would have incurred if he or she had actually committed the crime with which the slave is charged. §4200. Sec XIII. If a slave shall commit a crime by the persons P er- counsel, persuasion or procurement, or other means of a free precSg white person, and such fact shall be made to appear, such white commit person shall be prosecuted for the offence, and if found guilty, ShabK- S shall incur the same punishment as if he or she had committed the crime with which the slave is charged. — ; 816 PT. 4.—TIT. 1.—Penal Code. Division 1.—Persons capable of committing Crimes. Attempting §4201. Sec. XIV. If any free white person shall attempt to to procure , . punishable, procure a slave to commit a crime, by counsel, persuasion, bribe- ry, force, or other means, such person shall be prosecuted for such attempt, and, on conviction, shall be punished in the same manner as prescribed in this Code for an attempt to commit such crime. 4202. Sec. person committing a crime or Persona act- § XV. A misde- threats or menaces, which sufficiently felr notpun- meanor, under show that ishabie. ^ or ker life or member was in danger, or that he or she had reasonable cause to believe, and did actually believe, that his or her life or member was in danger, shall not be found guilty ; and such threats and menaces being proved and estab- lished, the person, or persons, compelling by said threats and menaces the commission of the offence, shall be considered a principal, or principals, and suffer the same punishment as if he, she, or they, had perpetrated the offence. Meaning of § 4203. Sec. XYI. The term "felony" when used in this Code, "feion^" shall be construed to mean an offence for which the offender, on conviction, shall be liable by law to be punished by death or im- prisonment in the penitentiary, and not otherwise. SECOND DIVISION. PRINCIPALS AND ACCESSORIES IN CRIME. Section. Section. 4204. Principals, 1st and 2d degree. 4208. Punishment of each. 4205. Accessory. 4209. Of accessory after the fact. 4206. Before the fact. 4210. Of accessory to slaves, &c. 420*7. After the fact. Principal in § 4204. Sec. I. A person may be principal in an offence in two first degree, degrees. A principal in the first degree, is he or she that is the Principal in actor> or absolute perpetrator of the crime. A principal in the D gree second degree, is he or she who is present, aiding and abetting the act to be done ; which presence need not always be an ac- tual immediate standing by, within sight or hearing of the act but there may be also a constructive presence, as when one com- mits a robbery, murder, or other crime, and another keeps watch or guard at some convenient distance. Accessory. § 4205. Sec. II. An accessory is one who is not the chief ac- tor in the offence, nor present at its performance, but is some way concerned therein, either before or after the act committed. ; PT. 4.—TIT. 1.—Penal Code. 817 Division 2. —Principals and Accessories in Crime. § 4206. Sec. III. An accessory before the fact is one who, be- Accessory . • before the , i /. -i -i i ing absent at the time ot the crime committed, doth yet procure, fact. counsel, or command another to commit a crime.
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