Page:1887 Compiled Laws of Dakota Territory.pdf/1206

§§ 7363-7370 proceedings must be had thereon as prescribed in section 7343, except that if the exception be allowed the juror must be excluded. The adverse party may also orally deny the facts alleged as the ground of challenge.

§ 7363. All challenges, whether to the panel or to individual jurors, shall be tried by the court, without the aid of triers.

§ 7364. Upon the trial of a challenge to an individual juror, the juror challenged may be examined as a witness to prove or disprove the challenge, and is bound to answer every question pertinent to the inquiry therein.

§ 7365. Other witnesses may also be examined on either side, and the rules of evidence applicable to the trial of other issues govern the admission or exclusion of testimony, on the trial of the challenge.

§ 7366. On the trial of a challenge, the court must either allow or disallow the challenge, and direct an entry accordingly upon the minutes.

§ 7367. All challenges to an individual juror, except peremptory, must be taken, first by the defendant, and then by the territory, and each party must exhaust all his challenges before the other begins.

§ 7368. The challenges of either party for cause need not all be taken at once, but they must be taken separately, in the following order, including in each challenge all the causes of challenge belonging to the same class:

1. To the panel.

2. To an individual juror for a general disqualification.

3. To an individual juror for implied bias.

4. To an individual juror for actual bias.

§ 7369. If all challenges on both sides are disallowed, either party, first the territory and then the defendant, may take a peremptory challenge, unless the party's peremptory challenges are exhausted.

§ 7370. The jury having been impaneled and sworn, the trial must proceed in the following order:

1. If the indictment is for felony, the clerk or district attorney must read it, and state the plea of the defendant to the jury. In all other cases, this formality may be dispensed with.