Page:1887 Compiled Laws of Dakota Territory.pdf/1170

§§ 7032-7041

§ 7032. 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.

§ 7033 A criminal action is prosecuted in the name of the territory of Dakota as a party, against the person charged with the offense.

§ 7034. The party prosecuted in a criminal action is designated in this code as the defendant.

§ 7035. 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.

§ 7036. 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.

§ 7037. No person can be compelled in a criminal action 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.

§ 7038. No person can be convicted of a public offense, unless by the verdict of a jury, accepted and recorded by the court, or upon a plea of guilty, or upon judgment against him upon a demurrer to the indictment, in the case mentioned in section 7296, or upon a judgment of a police or justices court in cases in which such judgment may be lawfully given without the intervention of a jury and grand jury.

§ 7039. There is in each of the three [six] districts of this territory a court denominated the district court, with jurisdiction conferred by the organic act of this territory and other laws of congress, and having, among other things, common law jurisdiction, and authority for the redress of all wrongs committed against the laws of this territory, affecting persons or property.

§ 7040. Each of the said district courts may be held, for the trial of criminal actions, in any county or subdivision in the same district, as is, or may be, provided by law.

§ 7041. The district court has jurisdiction:

1. To inquire, by the intervention of a grand jury, of all public offenses committed or triable in the county or subdivision for which the court may be held.

2. To inquire into the cause of the detention of all persons imprisoned in the jail of the county or subdivision, or otherwise detained, and to make an order for their recommitment or discharge, or otherwise according to law.

3. To hear, try and determine all criminal actions according to law, and to exercise all powers, whether original or appellate,