Page:1887 Compiled Laws of Dakota Territory.pdf/1195

Arraignment of Defendant. neither indicted nor tried, and though the principal may have been acquitted.

§ 7262. A person may be indicted for having, with the compounding a knowledge of the commission of a public offense, taken money or property of another, or a gratuity or reward, or an engagement or promise therefor, upon the agreement or understanding, express or implied, to compound or conceal the offense, or to abstain from a prosecution therefor, or to withhold any evidence thereof, though the person guilty of the original offense have not been indicted or tried.

§ 7263. When the indictment is filed, the defendant must be arraigned thereon before the court in which it is found, if triable therein, if not, before the court to which it is removed or transmitted.

§ 7264. If the indictment is for a felony the defendant must be personally present, but if for a misdemeanor only, his personal appearance is unnecessary, and he may appear upon the arraignment by counsel.

§ 7265. When his personal appearance is necessary, if he be in custody, the court may direct the officer in whose custody he is, to bring him before it to be arraigned, and the officer must do so accordingly.

§ 7266. If the defendant have been discharged on bail, or have deposited money instead thereof, and do not appear to be arraigned, when his personal attendance is necessary, the court, in addition to the forfeiture of the undertaking of bail or of the money deposited, may direct the clerk to issue a bench warrant for his arrest.

§ 7267. The clerk, on the application of the district attorney, may, accordingly, at any time after the order, whether the court be setting or not, issue a bench warrant into one or more counties.

§ 7268. The bench warrant, upon the indictment, must, if the offense is a felony, be substantially in the following form:

County of..........

The territory of Dakota.

To any sheriff, constable, policeman or marshal in this territory:

An indictment having been found on the .............. day of ..... D. 18.. in the district court in and for the county (or subdivision) of charging CD, with the crime of ........ (designating it generally), you are