Page:1862-63 Territory of Dakota Session Laws.pdf/146

Rh Sec. 12. Upon the trial of the challenge, the officers, whether judicial or ministerial, whose irregularity is complained of, as well as any other persons, may be examined to prove or disprove the facts alleged as the ground of the challenge.

Sec. 13. If either upon an exception to the challenge, or a denial of the facts, the challenge be allowed, the court must discharge the jury so far as the trial of the indictment in question is concerned, and no other jury for the trial thereof can be summoned for the same term. If it be disallowed, the court must direct the jury to be impanneled.

Sec. 14. Before a juror is called, the defendant must be informed by the court, or under its direction, that if he intend to challenge an individual juror, he must do so when the juror appears, and before he is sworn.

Sec. 15. A challenge to an individual juror, is either:

1. Peremptory; or,

2. For cause.

Sec. 16. It must be taken when the juror appears, and before he is sworn; but the court may, for good cause, permit it to be taken after the juror is sworn, and before the jury is completed.

Sec. 17. A peremptory challenge can be taken by the defendant only, and may be oral; it is an objection to a juror for which no reason need be given, but upon which the court must exclude him.

Sec. 18. If the offense charged be punishable with death, or with imprisonment in the territorial prison for life, the defendant is entitled to twenty peremptory challenges: on a trial for any other offense, he is entitled to five peremptory challenges.

Sec. 19. A challenge for cause may be taken either by the United States, or by the defendant.

Sec. 20. It is an objection to a particular juror, and is either:

1. General, that the juror is disqualified from serving in any case; or,

2. Particular, that he is disqualified from serving in the case on trial.

Sec. 21. General causes of challenge are:

1. A conviction for a felony;