Page:1887 Compiled Laws of Dakota Territory.pdf/1165

General Provisions. person convicted of such subsequent offense is punishable by imprisonment in the territorial prison for a term not exceeding five years.

§ 6947. Every woman who, having been convicted of en­deavoring to conceal the birth of any issue of her body, which, if born alive, would be a bastard, or the death of any such issue under the age of two years, subsequently to such conviction endeavors to conceal any such birth or death of issue of her body, is punishable by imprisonment in the territorial prison not exceeding five years and not less than two.

§ 6948. Every person who, having been convicted of petit larceny, or of an attempt to commit an offense which, if perpe­trated, would be punishable by imprisonment in the territorial prison, commits any crime after such conviction, is punishable as follows:

1. If such subsequent offense is such that upon a first conviction the offender would be punishable by imprisonment in the territorial prison for life, at the discretion of the court, such person is punishable by imprisonment in such prison during life.

2. If such subsequent offense is such that upon a first conviction the offender would be punishable by imprisonment in the territorial prison for any term less than for life, such person is punishable by imprisonment in such prison for the longest term prescribed upon a conviction for such first offense.

3. If such subsequent conviction is for petit larceny, or for any attempt to commit an offense which, if perpetrated, would be punishable by imprisonment in the territorial prison, then such person is punishable by imprisonment in such prison for a term not exceeding five years.

§ 6949. Every person who has been convicted in any other state, government or country of an offense which, if committed within this territory, would be punishable by the laws of this territory by imprisonment in the territorial prison, is punishable for any subsequent crime committed within this territory, in the manner prescribed in the last three sections, and to the same extent as if such first conviction had taken place in a court of this territory.

§ 6950. When any person is convicted of two or more crimes before sentence has been pronounced upon him for either, the imprisonment to which he is sentenced upon the second or other subsequent conviction, must commence at the termination of the first term of imprisonment to which he shall be adjudged, or at the termination of the second or other subsequent term of imprisonment, as the case may be.

§ 6951. Whenever any person is declared punishable for a crime by imprisonment in the territorial prison for a term not less than any specified number of years, and no limit to the duration of such imprisonment is declared, the court authorized to pro­nounce judgment upon such conviction may, in its discretion, sentence such offender to imprisonment during his natural life, or for any number of years not less than such as are prescribed.

§ 6952. In cases where convicts sentenced to be imprisoned in the territorial prison for a longer period than one year, it is the duty of the court before which the conviction is had to limit the time of the sentence, so that it will expire between the month of March and the month of November, unless the exact period of the sentence is fixed by law.