Page:1862-63 Territory of Dakota Session Laws.pdf/130

Rh 4. That the offense was committed at some place within the jurisdiction of the court, except where, as provided by law, the act, though done without the local jurisdiction of the county, is triable therein.

5. That the offense was committed at some time prior to the time of finding the indictment.

6. That the act or omission, charged as the offense, is clearly and distinctly set forth in ordinary and concise language, without repetition, and in such manner as to enable a person of common understanding to know what is intended.

7. That the act or omission charged as the offense is stated with such a degree of certainty as to enable the court to pronounce judgment upon a conviction, according to the right of the case.

Sec. 13. No indictment is insufficient nor can the trial, judgment or other proceedings thereon be affected by reason of a defect or imperfection in matter of form, which does not tend to the prejudice of the substantial rights of the defendant, upon the merits.

Sec. 14. Neither presumptions of law nor matter of which judicial notice is taken need be stated in an indictment.

Sec. 15. In pleading a judgment or other determination of, or proceeding before a court, or officer of special jurisdiction, it is not necessary to state the facts conferring jurisdiction, but the judgment or determination may be stated to have been duly given or made. The facts constituting jurisdiction, however must be established on trial.

Sec. 16. In pleading a private statute or right derived therefrom it is sufficient to refer to the statute, by its title and the day of its passage, and the court must thereupon take judicial notice thereof.

Sec. 17. An indictment for libel need not set forth any extrinsic facts, for the purpose of showing the application to the party libeled, of the defamatory matter on which the indictment is founded, but it is sufficient to state generally that the same was published concerning him; and the fact that it was so published must be established on the trial.

Sec. 18. When an instrument which is the subject of an indictment for forgery has been destroyed or withdrawn by the