Page:1887 Compiled Laws of Dakota Territory.pdf/1169



§ 7025. This act shall be known as the code of criminal procedure of the territory of Dakota.

§ 7026. A crime or public offense is an act or omission forbidden by law, and to which is annexed, upon conviction, either of the following punishments:

1. Death.

2. Imprisonment.

3. Fine.

4. Removal from office.

5. Disqualification to hold and enjoy any office of honor, trust or profit under this territory.

§ 7027. Crimes or public offenses are divided into

1. Felonies.

2. Misdemeanors.

§ 7028. A felony is a crime which is, or may be, punishable with death, or by imprisonment in the territorial prison.

§ 7029. Every other crime is a misdemeanor.

§ 7030. No person can be punished for a public offense except upon legal conviction in a court having jurisdiction thereof.

§ 7031. 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.