Page:1887 Compiled Laws of Dakota Territory.pdf/1188

§§ 7197-7204 4. That he is insane.

5. That he is a prosecutor upon a charge against the defendant.

6. That he is a witness on the part of the prosecution, and has been served with process or bound by an undertaking as such.

7. That a state of mind exists on his part in reference to the case, or to either party, which will prevent him from acting impartially and without prejudice to the substantial rights of the party challenging; but no person shall be disqualified as a juror by reason of having formed or expressed an opinion upon the matter or cause to be submitted to such jury, founded upon public rumor, statements in public journals, or common notoriety, provided it satisfactorily appear to the court, upon his declaration, under oath, or otherwise, that he can and will, notwithstanding such an opinion, act impartially and fairly upon the matters to be submitted to him.

§ 7197. Challenges may be oral or in writing, and must be challenge tried by the court.

§ 7198. The court must allow or disallow the challenge, and the clerk must enter its decision upon the minutes.

§ 7199. If a challenge to an individual grand juror is allowed, he cannot be present at, or take part in the consideration of the charge against the defendant who interposed the challenge, or the deliberations of the grand jury thereon

§ 7200. The grand jury must inform the court of a violation of the last section, and it is punishable by the court as a contempt.

§ 7201. Neither the territory, nor a person held to answer a before jury is charge for a public offense, can take advantage of any objection to the panel or to an individual grand juror unless it be by challenge, and before the grand jury is sworn, except that after the grand jury is sworn, and before the indictment is found, the court may, in its discretion, upon a good cause shown, receive and allow a challenge.

§ 7202. If the grand jury is discharged by an allowance of another jury a challenge to the whole panel, or if an offense is committed during the sitting of the court, after the regular discharge of the grand jury, or if after such discharge a new indictment becomes requisite by reason of an arrest of judgment or by the quashing of an indictment, or if from any other good and sufficient cause another grand jury may become necessary, the court may, in its discretion, order that another grand jury be summoned, and the court may to that end forth with make an order to the county commissioners for the immediate selection and furnishing to the clerk of a list of jurors, and may make such further orders to the clerk, sheriff and other officers for an immediate compliance with their duties as may be proper to obtain another grand jury at and during the same term of the court.

§ 7203. A grand jury formed and impaneled as to and in a particular case, after a challenge or challenges to individual grand jurors have been allowed, shall only be sworn to act in such particular case, and as to all other cases at the same term of the court the grand jury shall be formed in the usual manner provided by law.

§ 7204. From the persons summoned to serve as grand jurors, and appearing, the court must appoint a foreman. The court must also appoint a foreman when a person already