Page:1862-63 Territory of Dakota Session Laws.pdf/160

Rh Sec. 21. In all other cases, the defendant may be found guilty of any offense, the commission of which is necessarily included in that which ho is charged in the indictment.

Sec. 22. On an indictment against several, if the jury cannot agree upon a verdict as to all, they may render a verdict as to those in regard to whom they do agree, on which a judgment must be entered accordingly, and the case as to the rest may be tried by another jury.

Sec. 23. When & verdict is rendered, and before it is recorded, the jury may be polled on the requirement of either party, in which case they must be severally asked whether it is their verdict, and if any one answer in the negative, the jury must be sent out for further deliberation.

Sec. 24. When a verdict is given, as is such as the court may receive, the clerk must immediately record it in full on the minutes, and must read it to the jury, and inquire of them whether it is their verdict; and if any juror disagree, the fact must be entered upon the minutes, and the jury again sent out; but if no disagreement be expressed, the verdict is complete, and the jury must be discharged from the case.

Sec. 25. If the defense to an indictment be the insanity of the defendant, the jury must be instructed, if they acquit him on that ground, to state that fact with their verdict.

Sec. 26. After a plea or verdict of guilty; in a case where a discretion is conferred upon the court, as to the extent of the punishment, the court, upon the suggestion of either party that there are circumstances which may be properly taken into view, either in aggravation or mitigation of the punishment, may, in his discretion, hear the same summarily at a specified time, and upon such notice to the adverse party, as it may direct.

Sec. 27. The circumstances must be presented by the testimony of witnesses examined in open court, except that when a witness is so sick or infirm as to be unable to attend, his deposition must be taken by a magistrate of the county, out of court, at a specified time and place, upon such notice to the adverse party as the court may direct.

Sec. 28. No affidavit or testimony or representation of any kind, verbal or written, can be offered to or received by the court,