Page:1862 Territory of Dakota Session Laws.pdf/552

 GENERAL INDEX. 535 how, 198. eighteen CRIMINAL PROCEDURE - Continued. when there is variance between indictment and evidence, indictment may be amended, verdict and judgment of same force as if no amendment made, 199. if formal record necessary, indictment to be inserted as amended, 199. force of exceptions to form, &c., 199. parties injured may maintain actions for damages as well as for criminal offence, 200. judges to make report of deficiencies or defects in code, 200. b-penalty, how inflicted, ,200. court court may order body delivered to surgeons, 200. this chapter extends to females, though they are not mentioned, 200. juns under to name term of confinement; judge to apportion it, 200. years, when confined in penitentiary and when in jail, 200. other offences punished as in the discretion of the court, 201. when punishment is discretionary, court to fix, 201. fines paid into county treasury, 201. benefit of clergy, appeals of felony, and trials by battle abolished, 201. court may order confinement until order is paid, 201. persons guilty of certain crimes deemed infamous and incapable of holding certain positions, 201. of how persons may be admitted to bail, 201. clerks to issue process of arrest - arrest, how made, &c., 202. it offence, not bailable, 202. of arrests in other counties, 202. clerks issue issue subpoenas for for witnesses - contempt of same, &c., 208. venire not necessary in criminal case - if panel of jurors exhausted, 208. indictments for false imprisonments and malicious mischief, 208. persons charged with certain crimes furnished with copy of indictment and list of wit- arraignment and plea of prisoner - if not inserted in minutes, 204. if party indicted stand mute, or refuse to pload, 204. if party pleads guilty, 204. if court possess discretion in punishment, mitigating circumstances considered, 205. trial by by jury de de mediate linguæ, when not allowed, 205. where offence'is is committed on county line, 206. if injured party in one county and offender in another, 205. witnesses before grand jury for territory only, 206. foreman administer oath or affirmation to witnesses, 206. trials by common law unless otherwise provided, 206. juries judges of law and fast, 206. when jury retire to consider their verdict - sworn officer attends, &c. 206. if officer attending jury violates oath or affirmation, 206. om when person convicted to property of person bound from time of indictment or conviction, 206. execution issued by clerk, and to state what, 207. judgments may be replevied by execution of undertaking with sureties, 207. such execution may be issued into any county or territory, 208. Whenever it appears that confined person has not estate, to be released, 208. seoul s may be discharged, 208. judge to sign and seal bill of exceptions tendered, 209. party in criminal prosecution relieved by writ of error, how, 209. writs of error in criminal cases that are not capital, 209. party how liberated before writ determined, 210. change of venue, how effected, 210. change permitted only at first term, except when, 211. nessee, 204. a to pay costs, 206.
 * Process, Indictment, Arraignment, Trial, Judgment, Execution on Writ of Error, 201.