Page:1887 Compiled Laws of Dakota Territory.pdf/1203

Challenging the Jury.

§ 7336. When an indictment is called for trial, or at any time previous thereto, the court may, upon sufficient cause by either party, direct the trial to be postponed to another day in the same or next term.

§ 7337. A challenge is an objection made to the trial jurors and is of two kinds:

1. To the panel.

2. To an individual juror.

§ 7338. When several defendants are tried together they cannot sever their challenges, but must join therein.

§ 7339. The panel is a list of jurors returned by a sheriff, to serve at a particular court, or for the trial of a particular action.

§ 7340. A challenge to the panel is an objection made to all the trial jurors returned, and may be taken by either party.

§ 7341. A challenge to the panel can be founded only on a material departure from the forms prescribed by law, in respect to the drawing and return of the jury, or on the intentional omission of the sheriff to summon one or more of the jurors drawn.

§ 7342. A challenge to the panel must be taken before a juror is sworn, and must be in writing, specifying plainly and distinctly the facts constituting the ground of challenge.

§ 7343. If the sufficiency of the facts alleged as a ground of challenge be denied, the adverse party may except to the challenge. The exception need not be in writing, but must be entered upon the minutes of the court, and thereupon the court must proceed to try the sufficiency of the challenge, assuming the facts alleged therein to be true.

§ 7344. If, on the exception, the court deem the challenge sufficient, it may, if justice require it, permit the party excepting to withdraw his exception, and to deny the facts alleged in