Page:1862-63 Territory of Dakota Session Laws.pdf/158

Rh Sec. 8. A conviction cannot be had upon the testimony of an accomplice unless he be corroborated by such other evidence as tends to convict the defendant of the commission of the offense, and the corroboration is not sufficient if it merely show the commission of the offense, or the circumstances thereof.

Sec. 9. If a juror have any personal knowledge respecting a fact in controversy in a cause, he must, declare it in open court, during the trial; if during the retirement of a jury, a juror declare a fact which could be evidence in the cause, as of his own knowledge, the jury must return into court; in either of these cases the juror making the statement must be sworn as a witness, and examined in the presence of the parties.

Sec. 10. The court must decide all questions of the law, which arise in the course of the trial.

Sec. 11. On the trial of an indictment for any offense, questions of law are to be decided by the court, except in case of libel, saving the right of the defendant to except. Questions of fact, by the jury; and although the jury have the power to find a general verdict, which includes questions of law as well as of fact, they are bound, nevertheless to receive as law what is laid down as such by the court.

Sec. 12. In charging the jury, the court must state to them all matters of laws, which it thinks necessary for their information in giving their verdict; and if it present the facts of the case, must, in addition to what it may deem its duty to say, inform the jury that they are the exclusive judges of all questions of fact.

Sec. 13. After hearing the charge, the jury may either decide in court, or may retire for deliberations; if they do not agree without retiring, one or more officers must be sworn to keep them together, in some private and convenient place, without food or drink, except bread and water, unless otherwise ordered by the court, and not to permit any person to speak to or communicate with them, nor do so themselves, unless it be by order of the court, or to ask them whether they have agreed upon a verdict, and to return them into court when they have so agreed, or when ordered by the court.

Sec. 14. When a defendant, who has given bail, appears for trial, the court may in its discretion, at any time after his ap-