Page:1887 Compiled Laws of Dakota Territory.pdf/1199

Plea.

§ 7300. When the objections mentioned in section 7292 appear upon the face of the indictment, they can only be taken by demurrer, except that the objection to the jurisdiction of the court over the subject of the indictment, or that the facts stated do not constitute a public offense, may be taken at the trial, under the plea of not guilty, and in arrest of judgment.

§ 7301. There are three kinds of pleas to an indictment. A plea of:

1. Guilty.

2. Not guilty.

3. A former judgment of conviction or acquittal of the offense charged, which may be pleaded either with or without the plea of not guilty.

§ 7302. Every plea must be oral, and must be entered upon the minutes of the court.

§ 7303. The plea must be entered in substantially the following form:

1. If the defendant plead guilty:

The defendant plends that he is guilty of the offense charged in this indictment.

2. If he plead not guilty:

The defendant pleads that he is not guilty of the offense charged in this indictment.

3. If he plead a former conviction or acquittal:

The defendant pleads that he has already been convicted (or acquitted, as the case may be), of the offense charged in this indictment, by the judgment of the court of ......... (naming it), rendered at.... ........(naming the place), on the.....day of....

§ 7304. plea guilty can in no case be put in, except by Requisites of the defendant himself, in open court, unless upon an indictment plea of guilty against a corporation, in which case it can be put in by counsel.

§ 7305. The court may, at any time before judgment, upon a plea of guilty, permit it to be withdrawn, and a plea of not guilty substituted.

§ 7306. The plea of not guilty puts in issue every material allegation in the indictment.

§ 7307. All matters of fact tending to establish a defense Evidence under other than that specified in the third subdivision of section 7301, may be given in evidence under the plea of not guilty.

§ 7308. If the defendant was formerly acquitted on the ground of variance between the indictment and the proof, or the indictment was dismissed upon an objection to its form or substance, or in order to hold the defendant for a higher offense, without a judgment of acquittal, it is not an acquittal of the same offense.

§ 7309. When, however, he was acquitted on the merits, he is deemed acquitted of the same offense, notwithstanding a defect in form or substance in the indictment on which he was acquitted.

§ 7310. When the defendant shall have been convicted or acquitted upon an indictment, the conviction or acquittal is a bar