Page:1862-63 Territory of Dakota Session Laws.pdf/141

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Section 1. An issue of fact arises:

1. Upon a plea of not guilty; or,

2. Upon a plea of a former conviction or acquittal of the same offense.

Sec. 2. An issue of fact must be tried by a jury of the county in which the indictment was found, unless the action be removed, by order of the court, as provided in the preceding chapter.

Sec. 3. If the indictment be for a misdemeanor, the trial may be had in the absence of the defendant, if he appeal by counsel; but if for a felony he must be personally present.

Section 1. A petit or trial jury is a boly of men not less than twenty-four, nor more than thirty-six in number, returned at stated perioils from the citizens of the county, before the district court of each of the organized counties of this territory, chosen by the county commissioners in thic several organized counties, a3 herëinbefore provided by law, to try all issues of fact, either civil or criminal before said court.

Sec. 2. A petit or trial jury must be drawn for every term of the district court, in each of the organized counties of this territory.

Sec. 3. The qualifications and disabilities of petit or trial jurors are the same as those by law prescribed for grand jurors.

Sec. 4. The petit or trial jury, shall be chosen, elected, drawn and summoned at the same time, and in the same man-