Page:1862-63 Territory of Dakota Session Laws.pdf/135

126 arraignment, and the subsequent proceedings on the indictment may be had against him by that name, referring also to the name by which he is indicted.

Sec. 19. If on the arraignment, the defendant require it, he must be allowed until the next day, or such further time may be allowed him, as the court may deem reasonable, to answer the indictment.

Sec. 20. If the defendant do not require time, as provided in the last section, or if he do, then on the next day, or at such further day as the court may have allowed him, he may in answer to the arraignment either move the court to set aside the indictment, or may demur, or plead thereto.

Section 1. The indictment must be set aside by the court in which the defendant is arraigned, and upon his motion in either of the following cases:

1. When it is not found, indorsed, and presented as prescribed in chapter thirty-two;

2. When the names of the witnesses examined before the grand jury are not inserted at the foot of the indictment, or indorsed thereon.

3. When a person is permitted to be present during the session of the grand jury, while the charge embraced in the indictment was under consideration, except as provided in section forty-two.

Sec. 2. If the motion to set aside the indictment be not made, the defendant is precluded from afterwards taking the objections mentioned in the last section.

Sec. 3. The motion must be heard at the time of the arraignment, unless for good cause the court postpone the hearing to another time.