Page:1887 Compiled Laws of Dakota Territory.pdf/1192

§§ 7233-7242

§ 7233. An indictment cannot be found without the concurrence of at least twelve grand jurors. When so found, it must be indorsed "A true bill," and the indorsement must be signed by the foreman of the grand jury.

§ 7234. If twelve grand jurors do not concur in finding an indictment against a defendant who has been held to answer, the original information of the certified record of the proceedings before the magistrate transmitted to them, must be returned to the court, with an indorsement thereon, signed by the foreman, to the effect that the charge is dismissed.

§ 7235. The dismissal of the charge does not, however, prevent its being again submitted to a grand jury as often as the court may so direct. But without such direction it cannot be again submitted.

§ 7236. When an indictment is found, the names of the witnesses examined before the grand jury must, in all cases, be inserted at the foot of the indictment or indorsed thereon before it is presented to the court.

§ 7237. An indictment, when found by the grand jury, must be presented by their foreman, in their presence, to the court, and must be filed with the clerk, and remain in his office as a public record.

§ 7238. When an indictment is found against a defendant who has not been previously arrested, and is not under bail, the same proceedings must be had as are prescribed in sections 7266 to 7273 inclusive, against a defendant who fails to appear for arraignment.

§ 7239. All the forms of pleading in criminal actions, and rules by which the sufficiency of pleadings is to be determined, are those prescribed by this code.

§ 7240. The first pleading on the part of the territory is the indictment.

§ 7241. The indictment must contain:

1. The title of the action, specifying the name of the court to which the indictment is presented, and the names of the parties.

2. A statement of the acts constituting the offense, in ordinary and concise language, and in such manner as to enable a person of common understanding to know what is intended.

§ 7242. The indictment must be direct and certain, as it regards:

1. The party charged.

2. The offense charged.

3. The particular circumstances of the offense charged, when they are necessary to constitute a complete offense.