Page:1862-63 Territory of Dakota Session Laws.pdf/138

Rh jarisdiction of the court over the subject of the indictment, or that the facts stated do not constitute a public offense, may be taken, at the trial, un ler the plea of not guilty, and in arrest of judgment.

Section 1. There are three kinds of pleas to an indictment; a plea of

1. Guilty;

2. Not guilty;

3. A former julgment of conviction, or acquittal of the offense charged, which may be pleaded either with or without the plea of not guilty.

Sec. 2. Every plea must be oral, and must be entered upon the minutes of the court.

Sec. 3. The plea must be entered in substantially the following form:

1. If the defendant plead guilty: “the defendant pleads that he is guilty of the offense charged in this indictment;

2. If he plead not guilty: “the defendant pleads that he is not guilty of the offense charged in this indictment;”

3. If he plead a former conviction, or acquittal: “the defendant pleads that he has already been convicted (or acquitted as the case may be,) of the offense charged in this indictinent, by the judgment of the court of [blank], (naming it,) rendered at [blank], (naming the place,) on the [blank] day of [blank]."

Sec 4. A plea of guilty can in no case be put in, except by the defendant himself, in open court, unless upon an indictment against a corporation, in which case it may be put in by counsel.

Sec. 5. The court may, at any time before judgment upon a plea of guilty, permit it to be withdrawn, and a plea of not guilty substituted.