Page:1864-65 Territory of Dakota Session Laws.pdf/208

196 Section 784. Proceedings to impeach or remove officers and others preserved.

785. Military punishments and punishment for contempt, and certain special proceedings preserved.

786. Laws continuing in force.

787. Conflicting acts repealed.

788. When to take eflect.

Sec. 737. An act or omission which is made punishable in different ways by different provisions of this Code, may be punished under either of such provisions (except that in the cases specified in sections 748 to 751, inclusive, the punishment therein prescribed are substituted for those prescribed for a first offense,) but in no case can it be punished under more than one; and an acquittal or conviction and sentence under either one, bars a prosecution for the same act or omission under any other.

Sec. 738. An act or omission declared punishable by this Code, is not legs so because it is also punishable under the laws of another state, government or country, unless the contrary is expressly declared in this Code.

Sec. 739. But whenever it appears upon the trial of an indictment that the accused has already been acquitted or convicted upon any criminal prosecution under the laws of another state, government or country, founded upon the act or omission in respect to which he is upon trial, this is a sufficient defense.

Sec. 740. A criminal aci is not the less punishable as a crime, because it is also declared to be punishable as a contempt.

Sec. 741. But where it is made to appear at the time of passing sentence upon a person convicted upon indictment, that such person has already paid a fine or suffered an imprisonment for the act of which he stands convicted, under an order adjudging it a contempt, the court authorized to pass sentence may mitigate the punishment to be imposed, in its discretion.

Sec. 742. Whenever an act is declared a misdemeanor, and no punishment for counseling or aiding in the commission of such act is expressly prescribed by law, every person who coun-