Page:1887 Compiled Laws of Dakota Territory.pdf/1179

The Warrant of Arrest. same county it would be under this code if he were so present and aiding and abetting therein.

§ 7113. There is no limitation of the time within which a prosecution for murder must be commenced. It may be commenced at any time after the death of the person killed.

§ 7114. In all other cases an indictment for a public offense must be found within three years after its commission.

§ 7115. If when the offense is committed the defendant be out of the territory, the indictment may be found within the term herein limited after his coming within the territory, and no time during which the defendant is not an inhabitant of or usually resident within the territory, is part of the limitation.

$ 7116. An indictment is found within the meaning of the last three sections, when it is duly presented by the grand jury in open court, and there received and filed.

§ 7117. The information is the allegation in writing, made to a magistrate, that a person has been guilty of some designated public offense.

§ 7118. A magistrate is an officer having power to issue a warrant for the arrest of a person charged with a public offense.

§ 7119. The following persons are magistrates:

1. The judges of the supreme court.

2. The district judges.

3. Justices of the peace.

4. Police and other special justices appointed or elected in a city, village or town.

§ 7120. When an information, verified by oath or affirmation, is laid before a magistrate, of the commission of a public offense, he must, if satisfied therefrom that the offense complained of has been committed, and that there is reasonable ground to believe that the defendant has committed it, issue a warrant of arrest.