without probable cause, tax the costs against the prosecuting witness, and render judgment therefor.

SEC. 30. Whenever a conviction is had upon a plea of "guilty" or upon trial, the justice must make and sign with his name of office, a certificate of such conviction, in which it shall be sufficient, briefly to state the offense charged, and the conviction and judgment thereon, and if any fine had been collected, the amount thereof.

Certificate of conviction.

judgment.

SEC. 31. The judgment shall be executed by a peace Execution of officer of the county where the conviction is had, by virtue of the warrant under the hands of the justice, specifying the particulars of such judgment.

county treasurer

SEC. 32. If a fine be imposed and paid before com- Pines paid to mitment, it shall be received by the justice, and by him paid for use of schools over to the county treasurer, within thirty days after the receipt thereof, for the use of the schools in the county, as provided by law.

sheriff or justion

SEC. 33. If the defendant be committed for not paying Payment to a fine, he may pay it to the sheriff of the county or to the only. justice by whom the commitment was made, but to no other person; who must in like manner, within thirty days after the receipt thereof, pay it into the county treasury for the use of the schools in the county, as provided by law.

SEC. 34. The defendant may appeal from the judgment Appeal to the district court of the county in which the trial was had.

SEC. 35. The justice rendering a judgment against the defendant must inform him of his right to an appeal therefrom, and make an entry on his docket of the giving such information, and the defendant may thereupon take an appeal by giving notice orally to the justice that he appeals, and the justice must make an entry on his docket of the giving of such notice.

SEC. 36. The justice must, thereupon, enter an order on his docket, fixing the amount in which bail may be given by the defendant, and the execution of the judgment against the defendant shall not be stayed, unless bail in that

Proceedings

Ball

Undertaking.

Form.

amount be put in by an undertaking substantially in the following form.

A. B. having been convicted before C. D., a justice of the peace of said county, of the crime of (here designate it generally as in the information) by a judgment rendered on the day of A. D. 18 and having appealed from said judgment to the district court of said county, we, A. B., as principal, and E. F., as surety, hereby undertake that the said A. B. will appear in the district court of the said county at the next term thereof, and abide the judgment of said court, and not depart without leave of the same, or that we will pay to the Territory of Wyoming the sum of dollars (the amount of bail fixed).

Qualifications of bail.

How taken.

Witnesses to enter into undertaking.

SEC. 37. The bail must posess the qualifications required in cases of appeal from the district court to the supreme court of the Territory.

SEC. 38. The bail may be taken by the justice who rendered the judgment, or by any magistrate in the county who has authority to admit to bail, or by the district court, or the clerk thereof.

SEC. 39. When an appeal is taken, the justice must cause all material witnesses to enter into an undertaking, as in a case where a defendant is held to answer on a preliminary examination, to appear and testify on the trial of the appeal in the district court, at a term at which it is returnable, and shall as soon as practicable, and at least ten days before the first day of such term of the district court of the county, Certified copy file in the office of the clerk thereof, a certified copy of the entries on his docket, together with all the undertakings and papers in the case.

of docket entries.

SEC. 40. The cause when thus appealed shall stand for trial anew in the district court, in the same manner that it rors. should have been tried before the justice, and as nearly as practicable as an issue of fact upon an indictment, without regard to technical errors or defects, which have not prejudiced the substantial rights of either party, and the court has full power over the case, the justice of the peace, his docket entries, and his return to administer the justice of the case according to the law, and shall give judgment accordingly.

SEC. 41. No appeal from the judgment of a justice of the peace, in a criminal case, shall be dismissed except in the following cases:

First. Where the supposed offense set out in the information shall not be an offense under the law.

Second. When there shall be no sufficient charge of an offense, and when an appeal shall be dismissed, the defendant cannot be again tried for the same offense.

Technical er

No appeal discertain cases.

missed except in

SEC. 42. If any proceedings be necessary to carry the Proceedings. judgment upon the appeal into effect, they shall be had in

the district court, except as otherwise provided in the next preceding section.

preme court.

SEC. 43. Either party may appeal from the judgment Appeal to suof the district court to the supreme court, in the same manner as from a judgment in a prosecution by indictment, and the defendant may be admitted to bail in like manner, and similar proceedings shall be had on the appeal in all respects as far as applicable.

same as by indiot

ment.

SEC. 44. The same proceedings shall be had to carry Proceedings into effect the judgment of the supreme court upon the appeal, as if it had been taken from a judgment prosecuted by indictment.

SEC. 45. This act shall take effect and be in force on and after the first day of January, A. D. 1870. Approved December 2, 1869.

Time of taking effect.

CRIMES.

A crime or misdemeanor.

Intention

Bound mind.

Infant, when

CHAPTER 3.

AN ACT DEFINING CRIME AND PROVIDING FOR THE PUNISHMENT THEREOF.

Be it enacted by the Council and House of Representatives of the Territory of Wyoming, as follows:

TITLE I.

Of crimes and persons capable of committing crimes.

SECTION 1. A crime or misdemeanor consists in a violation of a public law, in the commission of which there shall be a union or joint operation of act and intention, or criminal negligence.

SEC. 2. Intention is manifested by the circumstances connected with the perpetration of the offense, and the sound mind and discretion of the person accused.

SEC. 3. A person shall be considered of sound mind who is neither an idiot nor lunatic, nor affected with insanity, and who hath arrived at the age of fourteen years, or before that age, if such person know the distinction between good and evil.

SEC. 4. An infant under the age of ten years shall not not found guilty. be found guilty of any crime or misdemeanor.

Lunatic, when fouud guilty.

Proviso.

SEC. 5. A lunatic or insane person without lucid intervals, shall not be found guilty of any crime or misdemeanor, with which he may be charged; Provided, The act so charged as criminal shall have been committed in the condition of insanity.

SEC. 6. An idiot shall not be found guilty, or punished for any crime or misdemeanor with which he or she be charged.

may

Idiot, not found guilty.

Person connseling, advising, or encouraging a lunatie, infant or idiot found guilty

SEC. 7. Any person counseling, advising or encouraging an infant under the age of ten years, lunatic or idiot, to commit any offense, shall be prosecuted for such offense of crime. when committed, as principal, and if found guilty, shall suffer the same punishment that would have been inflicted on such person counseling, advising or encouraging as aforesaid, had he or she committed the offense directly, without the intervention of such infant, lunatic or idiot.

when not guilty.

SEC. 8. A married woman acting under the threats, Married woman command or coercion of her husband, shall not be found guilty of any crime or misdemeanor not punishable with death, provided it appears from all the facts and circumstances of the case, that violent threats, command or coercion were used; and in such case the husband shall be prosecuted as principal, and receive the punishment which would otherwise have been inflicted on the wife, if she had been found guilty.

Drunkenese no

except wben.

SEC. 9. Drunkenness shall not be an excuse for any crime or misdemeanor, unless such drunkenness be occasioned excuse for crime by the fraud, contrivance or force of some other person or persons, for the purpose of causing the perpetration of an offense, in which case the person or persons so causing said. drunkenness for such malignant purpose, shall be considered principal or principals, and suffer the same punishment as would have been inflicted on the person or persons committing the offense, if he, she or they had been possessed of sound reason and discretion. Where a crime rests in intention, the inebriated condition of the defendant at the time of committing the offense may be proven to the jury, as being upon the question of intention.

accidents.

SEC. 10. Acts committed by misfortune or accident, shall Misfortunes or not be deemed criminal, where it satisfactorily appears that there was no evil design or intention, or culpable negligence. SEC. 11. A person committing a crime or misdemeanor