10/13/2006:
It's interesting to look back at some of the laws in Dakota Territory in 1887.
For example, Statute 6459 stated: "Every physician who, being in a state of intoxication, without a design to effect death, administers any poison, drug or medicine, or does any other act. . .to another person, which produces the death of such other person, is guilty of manslaughter in the second degree."
Another law stated that homicide was excusable if the killing was an accident committed during the heat of passion or if there was (quote) sudden and sufficient provocation, or upon a sudden combat; provided that no undue advantage is taken, nor any dangerous weapon used, and that the killing is not done in a cruel or unusual manner (unquote).
That same law stated homicide was excusable if it was committed by accident while (quote) lawfully correcting a child or servant (quote).
Significant attention was given to the crime of maiming in 1887; this crime was punishable by up to seven years in territorial prison, or up to one year in a county jail, and/or a fine of up to $1,000. The definition of maiming included premeditated injury to another person that left the victim physically disabled or with a disfigured appearance.
Maiming also applied to any injury inflicted on oneself. For example, a person might disable himself to avoid (quote) legal duty (unquote).
People were also guilty of maiming if they did anything to themselves that might elicit sympathy or (quote) obtain alms, or any charitable relief (unquote).
One statute stated it didn't matter how a person was maimed - that is, by what method or type of instrument - it was the final condition of the maimed person that counted. A disfigurement had to be sufficient enough to attract attention. If the injury could be detected only by close inspection, it wasn't considered a crime of maiming.
In view of recent trouble caused by religious protestors at military funerals in North Dakota, another 1887 law is hopefully still on the books: Statute 6564 reads, "Every person who willfully disturbs, interrupts or disquiets any assemblage of people met for the purpose of any funeral, or who, without authority of law, obstructs or detains any persons engaged in carrying or accompanying any dead body of a human being to a place of burial, is guilty of a misdemeanor."
By Merry Helm
Source: Caldwell, E.W. and Charles H. Price. Compiled Laws of the Territory of Dakota. Bismarck, Dakota. 1887.