sonable time, is guilty of a misdemeanor; and, in addition to the punishment prescribed therefor, is liable to pay to the person performing the duty in his stead, treble the expenses incurred by the latter in making the burial, to be recovered by a civil action. (2454 R. L. 1910.) 1753. Custody of Body-The person charged by law with the duty of burying the body of a deceased person is entitled to the custody of such body for the purpose of burying it, except that in the cases in which an inquest is required by law, to be held upon a dead body, the officer holding the inquest is entitled to its custody until such inquest has been completed. (2455 R. L. 1910.) 1754. Removal of Body-Whoever removes any part of the dead body. of a human being from any grave or other place where the same has been buried, or from any place where the same is deposited while awaiting burial, with intent to sell the same, or to dissect it without authority of law, or from malice or wantonness, is punishable by imprisonment in the penitentiary not exceeding five years, or in the county jail not exceeding one year, or by a fine not exceeding five hundred dollars, or by both such fine and imprisonment. (2456 R. L. 1910.) 1755. Purchasing Dead Body-Whoever purchases, or who receives, except for the purpose of burial, any dead body of a human being, knowing the same has been removed contrary to the last section, is punishable by imprisonment in the penitentiary not exceeding five years, or in a county jail not exceeding one year, or by a fine not exceeding five hundred dollars; or by both such fine and imprisonment. (2457 R. L. 1910.) 1756. Interference With Places of Burial-Any person who opens any grave or any place of burial, temporary or otherwise, or who breaks open any building wherein any dead body of a human being is deposited while awaiting burial, with intent either: First: To remove any dead body of a human being for the purpose of selling the same, or for the purpose of dissection; or, Second: To steal the coffin, or any part thereof or anything attached thereto, or connected therewith or the vestments or other articles buried with the same, is punishable by imprisonment in the penitentiary not exceeding two or in the county jail not exceeding six months, or by a fine not exceeding two hundred and fifty dollars, or by both such fine and imprisonment. (2458 R. L. 1910.) 1757. Removal to Another Burial Place-Whenever a cemetery or other place of burial is lawfully authorized to be removed from one place to another, the right and duty to disinter, remove and rebury the remains of bodies there lying buried devolves upon the same persons required to bury the deceased in the order in which they are named, and if they all fail to act, then upon the lawful custodian of the place of burial so removed. Every omission of such duty is punishable in the same manner as other omissions to perform the duty of making burial. (2459 R. L. 1910.) 1758. Arresting or Attaching Dead Body-Any person who arrests or attaches any dead body of a human being upon any debt or demand whatever, or detains or claims to detain it for any debt or demand, or upon any pretended lien or charge, is guilty of misdemeanor. (2460 R. L. 1910.) 1759. Injury to Cemetery or Tomb-Any person who shall wilfully destroy, mutilate, deface, injury or remove any tomb, monument or grave stone or other structure placed in any cemetery or private burying ground, or any fence, railing or other work for the protection or ornament of any such cemetery or place of burial of any human being, or tomb, monument, or grave stone, memento, or memorial, or other structure, aforesaid, or of any lot within a cemetery, or shall wilfully destroy, cut, break or injure any tree, shrub or plant, within the limits thereof, shall be deemed guilty of a misdemeanor, and shall, upon conviction thereof, be punished by a fine of not less than five dollars, nor more than five hundred dollars, or by imprisonment in the county jail for a term not to exceed six months, or by both such fine and imprisonment. (2462 R. L. 1910.) 1760. Crime Against Nature. SODOMY. 1761. What Constitutes Crime Against Nature. 1760. Crime Against Nature-Any person who is guilty of the detestable and abominable crime against nature, committed with mankind or with beast, is punishable by imprisonment in the penitentiary not exceeding ten years. (2444 R. L. 1910.) 1761. What Constitutes Crime Against Nature-Any sexual penetration, however slight, is sufficient to complete the crime against nature. (2445 R. L. 1910.) The crime against nature includes copulation between human being per os as well as per anum. Fully discussed. Ex parte DeFord, 14 Okla. Cr. 133, 168 p. 58. 1762. Suicide Defined-Suicide is the intentional taking of one's own life. (2300 R. L. 1910.) 1763. Attempting Suicide—Any person who, with intent to take his own life, commits upon himself any act dangerous to human life, or which if committed upon or toward another person and followed by death as a consequence would render the perpetrator chargable with homicide, is guilty of attempting suicide. (2301 R. L. 1910.) 1764. Aiding Suicide-Any person who wilfully, in any manner, advises, encourages, abets or assists another person in taking his own life, is guilty of aiding suicide. (2302 R. L. 1910.) 1765. Furnishing Means-Any person who wilfully furnishes another person with any deadly weapon or poisonous drug, knowing that such person intends to use such weapon or drug in taking his own life, is guilty of aiding suicide, if such person thereafter employs such instrument or drug in taking his own life. (2303 R. L. 1910.) 1766. Aiding an Attempt-Any person who wilfully aids another in attempting to take his own life, in any manner, which, by the preceding sections, would have amounted to aiding suicide if the person assisted had actually taken his own life, is guilty of aiding an attempt at suicide. (2304 R. L. 1910.) 1767. Incapacity No Defense-It is no defense to a prosecution for aiding suicide or aiding an attempt at suicide, that the person who committed or attempted to commit the suicide was not a person deemed capable of committing crime. (2305 R. L. 1910.) 1768. Punishment For Aiding-Any person guilty of aiding suicide is punishable by imprisonment in the penitentiary for not less than seven years. (2306 R. L. 1910.) |