Page:1862-63 Territory of Dakota Session Laws.pdf/136

Rh Sec. 4. If the motion be denied, the defendant must immediately answer the indictment, either by demurring or pleading thereto.

Sec. 5. If the motion be granted, the court must order that the defendant, if in custody, be discharged therefrom, or if admitted to bail, that his bail be exonerated, or if he have deposited money instead of bail, that the money be refunded to him; unless it direct that the case be re-submitted to the same or another grand jury.

Sec. 6. If the court direct that the case be re-submitted, the defendant, if already in custody, must so remain, unless he be admitted to bail, or if already admitted to bail, or money have been deposited instead thereof, the bail or money is answerable for the appearance of the defendant to answer a new indictment.

Sec. 7. Unless a new indictment be found before the next grand jury of the county is discharged, the court must, on the discharge of such grand jury, make the necessary order.

Sec. 8. An order to set aside an indictment, as provided in the seven preceding sections, is no bar to a future prosecution for the game offense.

Section 1. The only pleading on the part of the defendant, is either a demurrer, or a plea.

Sec. 2. Both the demurrer and the plea must be put in open court, either at the time of the arraignment or at such other time as may be allowed to the defendant for that purpose.

Sec. 3. The defendant may demur to the indictment, when it appears from the face thereof, either-

1. That the grand jury by which it was found, had no legal authority to inquire into the offense charged, by reason of its not being within the local jurisdiction of the county.