Page:1874-75 Territory of Dakota Session Laws.pdf/100

80. 4. A felony is a crime which is, or may be, punishable with death, or by imprisonment in the territorial prison.

. 5. Every other crime is a misdemeanor.

. 6. No person can be punished for a public offense except upon legal conviction in a court having jurisdiction thereof.

. 7. Every public offense must be prosecuted by indictment except:

1. Where proceedings are had for the removal of civil officers of the territory;

2. Offenses arising in the militia, when in actual service: and in the land and naval forces in time of war, or which this territory may keep, with the consent of congress, in time of peace;

3. Offenses tried in justices and police courts in cases concerning which lawful jurisdiction, without the intervention of a grand jury is, or may be conferred upon said courts.

. 8. The proceeding by which a party charged with a public offense is accused and brought to trial and punishment, is known as a criminal action.

. 9. A criminal action is prosecuted in the name of The People of the Territory of Dakota as a party, against the person charged with the offense.

. 10. The party prosecuted in a criminal action is designated in this code as the defendant.

. 11. In a criminal action the defendant is entitled:

1. To a speedy and public trial;

2. To be allowed counsel, as in civil actions; or to appear and defend in person and with counsel; and

3. To produce witnesses on his behalf, and to be confronted with the witnesses against him in the presence of the court.

. 12. No person can be subjected to a second prosecution for a public offense for which he has once been prosecuted and duly convicted or acquitted except as hereinafter provided for new trials.

. 13. No person can be compelled, in a criminal action, to be witness to be witness against himself; nor can a person charged with a public offense be subjected before conviction to any more restraint than is necessary for his detention to answer the charge.