Page:1887 Compiled Laws of Dakota Territory.pdf/1204

§§ 7345-7357 the challenge. If the exception be allowed, the court may, in like manner, permit an amendment of the challenge.

§ 7345. If the challenge is denied, the denial may, in like manner, be oral, and must be entered upon the minutes of the court, and the court must proceed to try the question of fact.

§ 7346. Upon the trial of the challenge, the officers, whether judicial or ministerial, whose irregularity is complained of, as well as any other persons, may be examined to prove or disprove the facts alleged as the ground of the challenge.

§ 7347. When the panel is formed from persons whose names are not drawn as jurors, a challenge may be taken to the panel on account of any bias of the officer who summoned them, which would be good ground of challenge to a juror. Such challenge must be made in the same form, and determined in the same manner as if made to a juror.

§ 7348. If, upon an exception to the challenge, or a denial of the facts, the challenge be allowed, the court must discharge the jury, and another jury can be summoned for the same term forth with from the body of the county or subdivision; or the judge may order a jury to be drawn and summoned in the regular manner. If it be disallowed, the court must direct the jury to be impaneled.

§ 7349. Before a juror is called, the defendant must be informed by the court, or under its direction, that if he intend to challenge an individual juror, he must do so when the juror appears, and before he is sworn.

§ 7350. A challenge to an individual juror is either:

1. Peremptory; or,

2. For cause.

§ 7351. It must be taken when the juror appears, and before he is sworn; but the court may, for good cause, permit it to be taken after the juror is sworn, and before the jury is completed.

§ 7352. A peremptory challenge can be taken by either party, and may be oral. It is an objection to a juror for which no reason need be given, but upon which the court must exclude him.

§ 7353. In all criminal cases the defendant is entitled to the following challenges:

1. For capital offenses the defendant may challenge peremptorily twenty jurors.

2. In prosecutions for offenses punishable by imprisonment in the territorial prison, ten jurors.

3. In other prosecutions, three jurors.

§ 7354. The prosecuting attorney in capital cases may challenge peremptorily six jurors; in other cases three jurors.

§ 7355. A challenge for cause may be taken either by the territory or the defendant.

§ 7356. It is an objection to a particular juror, and is either:

1. General, that the juror is disqualified from serving in any case on trial; or,

2. Particular, that he is disqualified from serving in the case

§ 7357. General causes of challenges are:

1. A conviction for felony.

2. A want of any of the qualifications prescribed by law, to render a person a competent juror, including a want of knowledge of the English language as used in the courts.