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IOWA CODE, ch. 49, §§ 3 & 20–23 (Hughes & Williams 1843).

  • Year:
  • 1843
Jurisdiction:

"CHAPTER 49. 
CRIMES AND PUNISHMENTS. 
AN ACT defining crimes and punishments...

...MURDER...

    ...Sec. 3. That if any person shall, in the night season, break open and enter any mansion, house, shop, store or any other house or building whatever, boat or other water craft in which any person shall reside or dwell, and shall commit or attempt to commit any personal violence or abuse, or shall be so armed with any dangerous weapon, as to indicate a violent intention, the person so offending, shall upon conviction thereof, be fined in any sum not exceeding three hundred dollars, and be imprisoned in the cell or dungeon of the jail of the county, not exceeding thirty days, at the discretion of the court...

...ASSAULT WITH INTENT TO INFLICT A BODILY INJURY

    Sec. 20. If any person or persons, in this territory, shall make an assault with a deadly weapon, instrument, or other thing, with an intent to inflict upon the person of another, a bodily injury, where no considerable provocation appears, or where the circumstances of the assault show an abandoned and malignant heart, shall be adjudged to be a high misdemeanor, and any person who shall be duly convicted thereof, shall be fined in any sum not exceeding one thousand dollars, and imprisoned in the penitentiary, at hard labor, for a term not exceeding three years...

...DUELLING 

    Sec. 21. If any person shall challenge any other person to fight a duel in this territory, or elsewhere, such person being a resident of this territory, or shall accept a challenge to fight a duel, or shall knowingly be the bearer of a challenge, for the purpose aforesaid, or shall be a second to any person who fights a duel, or shall aid, promote, or assist any duel, every such person so offending, upon conviction thereof, shall forfeit and pay any sum not exceeding two thousand dollars, nor less than five hundred dollars, and shall moreover be rendered incapable of holding or being elected to any office of profit, trust, or emolument, either civil or military, in this territory, or of voting at any election within the same, and shall be imprisoned in the penitentiary, at hard labor, not less than one nor more than three years.
    Sec. 22. Every person who shall fight a duel with any deadly weapon or weapons, and death ensues, shall be adjudged guilty of murder.
    Sec. 23. On the trial of any person for any offense under the provisions of the twenty-first section of this act, if there was a written challenge to fight, or any other paper, it shall not be necessary, on the part of the prosecution, to produce such challenge or paper, but shall be sufficient to prove that there was a challenge or agreement to fight, either verbal or written, or that such person did fight or did agree to fight, as the case may be."

Revised Statutes of the Territory of Iowa, Revised and Compiled by a Joint Committee of the Legislature, Session 1842-43, and Arranged by the Secretary of the Territory (Iowa City, IA: Hughes & Williams, 1843), 119 & 121. Chapter 49—An Act Defining Crimes and Punishments, §§ 3 & 20–23. Approved February 16, 1843.