Page:1864-65 Territory of Dakota Session Laws.pdf/44

32 manner of prosecuting and convicting criminals is regulated by the code of criminal procedure.

Sec 8. The punishments prescribed by this code can be inflicted only upon a legal conviction in a court having jurisdiction.

Sec. 9. Whenever a crime is distinguished into degrees, the jury, if they convict the prisoner, shall find the degree of the crime, of which he is guilty.

Sec. 10. The rule of the common law that penal statutes are to be strictly construed, has no application to this code. All its provisions are to be construed according to the fair import of their terms, with a view to effect its objects and to promote justice.

Sec. 11. The several sections of this code which declare certain crimes to be punishable as therein mentioned, devolve a duty upon the court authorized to pass sentence, to determine and impose the punishment prescribed.

Sec. 12. Whenever in this code the punishment for a crime is left undetermined between certain limits, the punishment to be inflicted in a particular case shall be determined by the court authorized to pass sentence, within such limits as may be prescribed by this code.

Sec. 13. Except in cases where a different punishment is prescribed by this code or by some existing provision of law, every offense declared to be felony is punishable by a fine not exceeding one thousand dollars or by imprisonment in the territorial prison not exceeding two years, or by both such fine an imprisonment.

Sec. 14. Except in cases where a different punishment is prescribed by this code, or by some existing provisions of law every offense declared to be a misdemeanor, is punishable by imprisonment in a county jail not exceeding one year, or by a fine not exceeding five hundred dollars, or by both such fine and imprisonment.