Page:1862-63 Territory of Dakota Session Laws.pdf/163

154 1. A copy of the minutes of challenge interposed by the defendant to the panel of the grand jury, or to an individual grand juror, and the proceedings and decisions thereon.

2. The indictment and a copy of the minutes of the plea, or demurrer.

3. A copy of the minutes of a challenge, which may have been interposed to the panel of the trial jury to an individual juror, and the proceedings and decisions thereon.

4. A copy of the minutes of the trial.

5. A copy of the minutes of the judgment.

6. The bill of exceptions, if there be one.

Sec. 44. A copy of the minutes of any conviction and judgment, duly certified by the clerk in whose custody such minutes shall be, under his official seal, together with a copy of the indictment on which the conviction shall have been had, certified in the same manner, shall be evidence in all courts and places of such conviction and judgment, without the production of the judgment roll.

Sec. 45. No writ of error shall stay or delay the execution of a judgment or execution thereon, in any criminal case, unless the same shall be allowed by a judge of the district court of the district in which the trial was had, or indictment found, with an express direction therein that the same is to operate as a stay of proceedings on the judgment upon which such writ shall be brought. And upon such direction being given, during the pendency of the writ of error, the defendant shall remain in custody, or be let to bail as in cases of appeal.

Sec. 46. No assignment of errors or joinder in error, shall be necessary upon any writ of error, issued in a criminal case; but the court shall proceed on the return thereto, and render judgment upon the record before them. If the court shall affirm the judgment, it shall direct the sentence pronounced to be executed, and the same shall be executed accordingly. If it shall reverse the judgment rendered, it shall either direct a new trial, or that the defendant be absolutely discharged, as the case may require. If a new trial be ordered, the same shall be had in the court in which the indictment was first tried.

Sec. 47. If a defendant in any indictment shall have been let to bail, after verdict or trial, and shall neglect to appear before any court or officer, at any time or place at which he