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Formation of the Jury.

§ 7316. When a removal of the action is allowed, the court may recognize the witnesses on the part of the territory to appear before the court in which the defendant is to be tried.

§ 7317. The court to which the action is removed must proceed to trial and judgment therein the same in all respects as if the action had been commenced in such court. If it is necessary to have any of the original pleadings or other papers before such court, the court from which the action is removed must at any time, upon application of the district attorney or the defendant, order such papers or pleadings to be transmitted by the clerk, a certified copy thereof being retained.

§ 7318. The district attorney, on behalf of the territory, may also apply in a similar manner for a removal of the action, and the court being satisfied that it will promote the ends of justice, may order such removal upon the same terms and to the same extent as are provided in this chapter, and the proceedings on such removal shall be in all respects as above provided.

§ 7319. An issue of fact arises.

1. Upon a plea of not guilty; or,

2. Upon a plea of a former conviction or acquittal of the same offense.

§ 7320. Issues of fact must be tried by a jury.

§ 7321. If the indictment is for a felony, the defendant must be personally present at the trial, but if for a misdemeanor not punishable by imprisonment, the trial may be had in the absence of the defendant; if, however, his presence is necessary for the purpose of identification, the court may, upon application of the district attorney, by an order or warrant, require the personal attendance of the defendant at the trial.

§ 7322. The jurors duly drawn and summoned for the trial of civil actions, are also the jurors for the trial of criminal actions.

§ 7323. Trial juries for criminal actions may also be formed in the same manner as trial juries in civil actions.

§ 7324 At the opening of the court the clerk must prepare separate ballots, containing the names of the persons returned as jurors, which must be folded as nearly alike as possible, and so that the same cannot be seen, and must deposit them in a sufficent box.

§ 7325 When the case is called for trial, and before drawing the jury, either party may require the names of all the