Page:1862-63 Territory of Dakota Session Laws.pdf/139

130 Sec. 6. The plea of not guilty is a deaial of every material allegation in the indictment.

Sec 7. All matters of fact tending to establish a defense other than that specificd in the third sub-division of section one of this chapter may be given in evidence under the plea of not guilty.

Sec. 8. If the defendant were formerly acquitted on the ground of a variance between the indictment and the proof, or the indictment were dismissed upon an objection to its form or substance, without a judgment of acquittal, it is not an acquittal of the same offense.

Sec. 9. When, however, he was acquitted on the merits, he is deemed acquitted of the same offense, notwithstanding a defect in the form or substance in the indictment on which he was acquitted.

Sec. 10. When the defendant shall have been convicted or acquitted, upon an indictment for an offense consisting of different degrees, the conviction or acquittal is a bar to another indictment for the offense charged in the former, or for any inferior degrees of that offense, or for an attempt to commit the same, or for an offense necessarily included therein, of which he might have been convicted under that indictment.

Sec. 11. If the defendant refuse to answer the indictment, by demurrer or plea, a plea of not guilty must be entered.

Section 1. All criminal causes shall be tried in the county where the offense was committed, except where otherwise provided by law, unless it shall appear to the satisfaction of the court, by affidavit, that a fair and impartial trial cannot be had in such county, in which case the court before whom the cause is pending, if the offense charged in the indictment be punish-