Page:1862-63 Territory of Dakota Session Laws.pdf/129

120 Sec. 6. When a defendant is indicted by a fictitious or erroneous name, and in any stage of the proceedings his true name is discovered, it may be inserted in the subsequent proceedings, referring to the fact of his being indicted by the name mentioned in the indictment.

Sec. 7. When, by law, an offense comprises different degrees, an indictment may contain counts for the different degrees, of the same offense, or for any of such degrees. The same indictment may contain counts for murder, and also for manslaughter or different degrees of manslaughter. Where the offense may be committed by the use of different means, the indictment may allege the means of offense in the alternative. Where it is doubtful to what class an offense belongs, the indictment may contain several counts describing it as of different classes or kinds.

Sec. 8. The precise time at which the offense was committed need not be stated in the indictment, but may be alleged to have been committed any time before the finding thereof, except where the time is a material ingredient in the offense.

Sec. 9. When the offense involves the commission of, or an attempt to commit a private injury, and is described with sufficient certainty in other respects to identify the act, an erroneous allegation, as to the person injured, or intended to be injured, is not material.

Sec. 10. The words used in an indictment, must be construed in their usual acceptations in common language, except words and phrases defined by law, which are to be construed according to their legal meaning.

Sec. 11. Words used in the statutes to define a public offense need not be strictly pursued in the indictment, but other words conveying the same meaning may be used.

Sec. 12. The indictment is sufficient, if it can be understood therefrom:

1. That it is entitled in a court having authority to receive it, though the name of the court is not accurately stated.

2. That it was found by a grand jury of the county in which the court was held.

3. That the defendant is named, or if his name cannot be discovered, that he is described by a fictitious name, with the statement that he has refused to discover his real name.