Page:1862 Territory of Dakota Session Laws.pdf/176

CHAP. IX.] the same punishment as if he or she had perpetrated the offence.

. 12. A person that becomes lunatic or insane after the commission of a crime or misdemeanor, ought not to be tried for the offence during the continuance of the lunacy or insanity. If, after verdict of guilty, and before judgment pronounced, such person become lunatic or insane, then no judgment shall be given while such lunacy or insanity shall continue. And if, after judgment and before execution of the sentence, such person become lunatic or insane, then, in case the punishment be capital, the execution thereof shall be stayed until the recovery of said person, from insanity or lunacy. In all of these cases it shall be the duty of the court to impannel a jury to try the question, whether the accused be, at the time of impanneling, insane or lunatic.

. 13. An accessory is he or she who stands by and aids, abets, or assists; or who, not being present aiding, abetting, or assisting, hath advised and encouraged the perpetration of the crime. He or she who thus aids, abets, or assists, advises or encourages, shall be deemed and considered as principal, and punished accordingly.

. 14. An accessory after the fact is a person who, after full knowledge that a crime has been committed, conceals it from the magistrate, or harbors and protects the person charged with, or found guilty of, the crime. Any person being found guilty of being an accessory after the fact, shall be imprisoned for any term not exceeding two years, and fined in a sum not exceeding five hundred dollars, in the discretion of the court, to be regulated by the circumstances of the case and the enormity of the crime.

. 15. The party or parties injured shall, in all cases, be competent witnesses, unless he, she, or they shall be rendered incompetent by reason of his, her, or their infamy, or other legal incompetency other than that of interest. The