Page:1887 Compiled Laws of Dakota Territory.pdf/1197

Setting Aside the Indictment. may be had against him by that name, referring also to the name by which he is indicted.

§ 7281. If, on the arraignment, the defendant require it, he must be allowed until the next day, or such further time may be allowed him as the court may deem reasonable, to answer the indictment.

§ 7282. If the defendant do not require time, as provided in the last section, or if he do, then on the next day, or at such further day as the court may have allowed him, he may, in answer to the arraignment, either move the court to set aside the indictment, or may demur or plead thereto.

§ 7283. The indictment must be set aside by the court in which the defendant is arraigned, and upon his motion, in either of the following cases:

1. When it is not found, indorsed and presented or filed, as prescribed in this act.

2. When the names of the witnesses examined before the grand jury are not inserted at the foot of the indictment, or indorsed thereon.

3. When a person is permitted to be present during the session of the grand jury, while the charge embraced in the indictment is under consideration, except as provided in section 7222.

4. When the defendant had not been held to answer before the finding of the indictment, on any ground which would have been good ground for challenge, either to the panel or to any individual grand juror.

§ 7284. If the motion to set aside the indictment be not made, the defendant is precluded from afterward taking the objections mentioned in the last section.

§ 7285. The motion must be heard at the time it is made, unless for good cause the court postpone the hearing to another time.

§ 7286. If the motion be denied, the defendant must immediately answer to the indictment, either by demurring or pleading thereto.

§ 7287. If the motion be granted, the court must order that the defendant, if in custody, be discharged therefrom, or if admitted to bail, that his bail be exonerated, or if he have deposited money instead of bail, that the money be refunded to him, unless it direct that the case be resubmitted to the same, or another grand jury.

§ 7288. If the court direct that the case be resubmitted, the defendant, if already in custody, must so remain, unless he be admitted to bail; or if already admitted to bail, or money have been deposited instead thereof, the bail or money is answerable for the appearance of the defendant to answer a new indictment, and unless a new indictment is found before the next grand jury of the county is discharged, the court must, on the discharge of such grand jury, make the order prescribed in the preceding section