(2) tear gas, mustard gas or any of the other combinations or compounds thereof; or (3) acid or explosives shall be imprisoned in the penitentiary not more than five years. § 1109. Act by intoxicated physician or surgeon endangering life Whoever, being a physician or surgeon, and, in a state of intoxication, and as a physician or surgeon, does an act to another person by which the life of the person is endangered, shall be fined not more than $5,000 or imprisoned in the penitentiary not more than five years, or both. § 1110. Poisoning food, medicine, or water Whoever willfully: (1) mingles poison with any food, drink, or medicine, with intent that it shall be taken or consumed by a human being, to his injury; or (2) poisons a spring, well, or reservoir of water— shall be imprisoned in the penitentiary not more than 20 years. § 1111. Placing filth or animal carcasses in or near waters or highways; pollution generally Whoever : (1) puts the carcass of a dead animal, or the offal or filth from a slaughterhouse, pen or butcher shop, into a river, creek, pond, reservoir, stream, alley, public highway or road in common use; (2) puts the carcass of a dead animal or offal or filth of any kind in or upon the borders of a stream, pond, lake or reservoir from which water is drawn for the supply of the inhabitants of a city or village, so that the drainage from the carcass, offal or filth may be taken up by or in the stream, lake or reservoir; or (3) by any other means, fouls or pollutes the waters of a stream, pond, lake or reservoir shall be fined not more than $1,000 or imprisoned in the penitentiary not more than one year, or both. § 1112. Causing boiler explosion endangering life Whoever, having charge of a steam boiler, steam engine or other apparatus for generating or employing steam used in a factory, railway or other works, willfully, or from ignorance or gross neglect, creates, or allows to be created, such an undue quantity of steam as to burst the boiler, engine or apparatus, or cause any other accident whereby human life is endangered, shall be fined not more than $5,000 or imprisoned in the penitentiary not more than five years, or both. § 1113. Causing boiler of steamboat to explode, endangering life Whoever, being a captain or other person having charge of a steamboat used for the conveyance of passengers, or of the boilers and engines thereof, from ignorance or gross neglect or for the purpose of excelling another boat in speed, creates or allows to be created, such an undue quantity of steam as to burst the boiler, or any apparatus or machinery connected therewith, whereby human life is endangered, shall be fined not more than $5,000 or imprisoned in the penitentiary not more than five years, or both. § 1114. Causing boiler explosion resulting in death Whoever, having charge of a steam boiler, steam engine, or other apparatus for generating or employing steam used in a factory, or on a railroad, or in a vessel, or in any kind of mechanical work, willfully or from ignorance or neglect, creates or allows to be created, such an undue quantity of steam as to burst the boiler, engine, or apparatus, or to cause any other accident whereby the death of a human being is produced, shall be imprisoned in the penitentiary not more than 10 years. § 1115. Setting on fire grass or shrubbery Whoever willfully or negligently sets on fire, or causes or procures to be set on fire, grass or shrubbery on any lands, shall be fined not more than $100 or imprisoned in jail not more than 30 days, or both. § 1116. Resistance to fireman extingishing fire Whoever, at the burning of a building: (1) disobeys the lawful orders of a public officer or fireman; (2) offers resistance to, or interference with, the lawful efforts of a fireman or company of firemen to extinguish the fire; (3) engages in disorderly conduct calculated to prevent the fire from being extinguished; or (4) forbids, prevents, or dissuades other persons from assisting to extinguish the fire shall be fined not more than $100 or imprisoned in jail not more than 30 days, or both. Subchapter II-Food and Drugs Article A-General Provisions § 1131. Adulterating or selling adulterated food or drugs Whoever: (1) adulterates or dilutes any food, drink, drug, medicine, spirituous or malt liquor, or wine, or any article useful in compounding them, with a fraudulent intent to offer it, or cause or permit it to be offered, for sale as unadulterated or undiluted; or (2) fraudulently sells, or keeps or offers for sale, as unadulterated or undiluted, any article or component thereof referred to by paragraph (1) of this section which has been adulterated or diluted shall be fined not more than $100 or imprisoned in jail not more than 30 days, or both. § 1132. Wrongful preparation or labeling of drugs or medicines by druggist Whoever, being an apothecary, or a druggist, or a person carrying on business as a dealer in drugs or medicines, or an employee thereof, in putting up drugs or medicines, or making up a prescription, or filling an order for drugs or medicines: (1) willfully, negligently, or without consideration of those facts which by use of ordinary care and skill he should have known, omits to label a drug or medicine; (2) puts an untrue label, stamp, or other designation of contents upon a box, bottle, or other package containing drugs or medicines; (3) substitutes a different article for an article prescribed or ordered; (4) puts up a greater or less quality of an article than that prescribed or ordered; or (5) otherwise deviates from the terms of the prescription or order which he undertakes to follow in consequence of which human life or health is endangered, shall be fined not more than $100 or imprisoned in jail not more than 30 days, or both; or if death ensues, is guilty of manslaughter, and shall be punished accordingly. § 1133. Adulterating or selling adulterated candy Whoever: (1) adulterates candy by using in its manufacture terra alba or any other deleterious substance; or (2) sells or keeps for sale candy adulterated with terra alba or any other deleterious substance, knowing the candy to be adulteratedshall be fined not more than $100 or imprisoned in jail not more than 30 days, or both. § 1134. Selling or offering unwholesome food or drugs Whoever knowingly sells, or keeps or offers for sale, or otherwise disposes of an article of food, drink, drug, or medicine, knowing that it has become tainted, decayed, spoiled or otherwise unwholesome or unfit to be eaten or drunk, with intent to permit it to be eaten or drunk, shall be fined not more than $100 or imprisoned in jail not more than 30 days, or both. § 1151. Definitions As used in this article: Article B-Marihuana "marihuana" has the meaning now or hereafter ascribed to it in the United States Internal Revenue Code of 1954, or any successor thereto; and "produce" means to: (1) plant, cultivate, or in any way facilitate the natural growth of marihuana; or (2) harvest and transfer or make use of marihuana. § 1152. Illegal acts with respect to marihuana Whoever, except under license as provided by section 1153 of this title: (1) produces, manufactures, compounds, possesses, sells, gives away, deals in, dispenses, administers, or transports marihuana; or (2) imports marihuana into, or exports it from, the Canal Zone shall, for the first offense, be fined not more than $100 or imprisoned in jail not more than 30 days, or both; and, for each subsequent offense, be fined not more than $500 or imprisoned in jail not more than 180 days, or both. Any marihuana involved in a violation of this section may be seized, and the court may order its confiscation and destruction. § 1153. Licenses The Governor may issue any licenses necessary pursuant to section 1152 of this title to permit such uses of marihuana as are related to its administration to patients by physicians, dentists, vetcrinary surgeons, and other practitioners, or to research, instruction, or analysis. 81154. Marihuana on vessels or other carriers or discharged for transshipment This article does not apply to: (1) marihuana aboard vessels which enter and depart from Canal Zone waters without discharging any of the marihuana; or (2) shipments of marihuana by common carrier in transit through the Canal Zone, even though the marihuana be discharged at a port of the Canal Zone for transshipment. § 1155. Construction with other laws This article does not affect any provision of the United States Internal Revenue Code of 1954, or any successor thereto, relative to the sending, carriage, transportation, or delivery of marihuana from the Canal Zone into a State, territory, the District of Columbia, or insular possession of the United States. Sec. 1181. Murder defined. 1182. Malice defined. CHAPTER 61-HOMICIDE 1183. Degrees of murder. 1184. Injury to or obstruction of Canal or locks causing death. 1185. Punishment for murder. 1186. Manslaughter defined and classified. 1187. Punishment for manslaughter. 1188. Time of death as element; computation. 1189. Proof of corpus delicti. 1190. Excusable homicide. 1191. Justifiable homicide. 1192. Acquittal on showing of justification or excuse. 1193. Burden of establishing mitigation or justification upon trial for murder. § 1181. Murder defined Murder is the unlawful killing of a human being with malice aforethought. § 1182. Malice defined Malice, as referred to by section 1181 of this title, may be express or implied. It is express when there is manifested a deliberate intention unlawfully to take away the life of a fellow creature. It is implied when no considerable provocation appears, or when the circumstances attending the killing show an abandoned or malignant heart. § 1183. Degrees of murder (a) Murder which is: (1) perpetrated by means of poison, lying in wait, torture, or by other willful, deliberate, or premeditated act; or (2) committed in the perpetration or attempt to perpetrate arson, rape, robbery, burglary, mayhem, or any act punishable pursuant to section 543 of this title is murder of the first degree. (b) All other kinds of murder are of the second degree. § 1184. Injury to or obstruction of Canal or locks causing death Whoever, in violating section 1591 of this title, commits an act that causes the death of a person within a year and day thereafter, is guilty of murder, and shall be punished accordingly. § 1185. Punishment for murder Whoever is guilty of murder in the first degree shall suffer death, or, if there be extenuating circumstances, confinement in the penitentiary for life; and whoever is guilty of murder in the second degree shall be imprisoned in the penitentiary not less than 10 years. § 1186. Manslaughter defined and classified Manslaughter is the unlawful killing of a human being without malice. It is of two kinds: (1) voluntary: upon a sudden quarrel or heat of passion; and (2) involuntary: in the commission of an unlawful act not amounting to felony; or in the commission of a lawful act which might produce death, in an unlawful manner or without due caution and circumspection. § 1187. Punishment for manslaughter (a) Whoever is guilty of voluntary manslaughter shall be imprisoned in the penitentiary not more than 10 years. (b) Whoever is guilty of involuntary manslaughter shall be fined not more than $1,000 or imprisoned in jail not more than one year, or both; or, in the discretion of the court, shall be imprisoned in the penitentiary not more than 10 years. § 1188. Time of death as element; computation To establish a killing as either murder or manslaughter, it is requisite that the injured party die within a year and a day after the injury is received or the cause of death administered; in the computation of which the whole of the day on which the act was done shall be reckoned the first. § 1189. Proof of corpus delicti A person may not be convicted of murder or manslaughter unless the death of the person alleged to have been killed, and the fact of the killing by the defendant as alleged, are established as independent facts; the former by direct proof and the latter beyond a reasonable doubt. § 1190. Excusable homicide Homicide is excusable when committed by accident and misfortune or in doing a lawful act by lawful means with usual and ordinary caution and without unlawful intent. § 1191. Justifiable homicide (a) Homicide is justifiable when committed by public officers, and those acting by their command in their aid and assistance, either: (1) in obedience to a judgment of a competent court; (2) when necessarily committed in overcoming actual resistance to the execution of legal process or in the discharge of any other legal duty; or (3) when necessarily committed in retaking felons who have been rescued or have escaped, or in arresting persons charged with felony, and who are fleeing from justice or resisting the arrest. (b) Homicide is also justifiable if committed by any person when: (1) resisting an attempt to murder a person or to commit a felony or to do great bodily injury upon a person; (2) committed in defense of habitation, property or person, against one who manifestly intends or endeavors by violence or surprise to commit a felony, or against one who manifestly intends and endeavors in a violent, riotous or tumultuous manner to enter the habitation of another for the purpose of offering violence to a person therein; (3) committed in the lawful defense of such a person, or of a wife or husband, parent, child, master, mistress or servant of the person, when there is reasonable ground to apprehend a design to commit a felony or to do great bodily injury and imminent danger of such a design being accomplished; or (4) necessarily committed in attempting by lawful ways and means to apprehend a person for a felony committed or in lawfully suppressing a riot, or in lawfully keeping and preserving the peace. (c) In order to justify a homicide under paragraph (3) of subsec tion (b) of this section, the slayer, or the person in whose behalf the defense was made, if he was the assailant or engaged in mutual combat, must really and in good faith have endeavored to avoid or escape any further struggle before the homicide was committed. |