Page:1887 Compiled Laws of Dakota Territory.pdf/1218

§§ 7456-7465 acquittal, if the judgment is not arrested or a new trial granted, the court must appoint a time for pronouncing judgment.

§ 7456. The time appointed must be at least two days after the verdict, if the court intend to remain in session so long; or, if not, at as remote a time as can reasonably be allowed.

§ 7457. For the purpose of judgment, if the conviction is for a misdemeanor, judgment may be pronounced in his absence.

§ 7458. When the defendant is in custody, the court may direct the officer in whose custody he is to bring him before it for judgment, and the officer must do so accordingly.

§ 7159. If the defendant has been discharged on bail, or When defendant has deposited money instead thereof, and does not appear for judgment when his personal attendance is necessary, the court, in addition to the forfeiture of the undertaking of bail or of money deposited, may direct the clerk to issue a bench warrant for his arrest.

§ 7460. The clerk, on the application of the district attorney, may, accordingly, at any time after the order, whether the court be sitting or not, issue a bench warrant into one or more counties.

§ 7461. The bench warrant must be substantially in the following form: County of................ The territory of Dakota To any sheriff, constable, marshal or policeman in this territory: A B, having been, on the........day of ....... A.D 18.., duly convicted in the district court of the county of.............., of the crime of (designating it generally), you are therefor com- manded forth with to arrest the above named A B, and bring him before that court for judgment, or if the court has adjourned for the term, you are to deliver him into the custody of the sheriff of the county of ........... (as the case may be). Given under my hand, with the seal of said court affixed, this......day of A. D. 18.... By order of the court. [SEAL] EF, Clerk.

Warrant served,

§ 7462. The bench warrant may be served in any county, in the same manner as a warrant of arrest, except that when served in another county, it need not be indorsed by a magistrate of that county.

§ 7463 Whether the bench warrant is served in the county in which it was issued or in another county, the officer must arrest the defendant and bring him before the court, or commit him to the officer mentioned in the warrant, according to the command thereof.

§ 7464. When the defendant appears for judgment, he must be informed by the court, or by the clerk under its direction, of the nature of the indictment, and of his plea and the verdict, if any thereon, and must be asked whether he has any legal cause to show why judgment should not be pronounced against him.

§ 7465. He may show for cause against the judgment:

1. That he is insane; and if, in the opinion of the court, there is reasonable ground for believing him to be insane, the question of his insanity must be tried as hereinafter in this code provided for. If, upon the trial of that question the jury find that he is sane, judgment must be pronounced, but if they find him insane he may be committed to the territorial lunatic asylum, if there be one, until he becomes sane, or be otherwise committed according to law, and when notice is given of that fact, as hereinafter provided for, he must be brought before the court for judgment.

2. That he has good cause to offer, either in arrest of judgment, or for a new trial, in which case the court may, in its discretion, order the judgment to be deferred, and proceed to decide upon the motion in arrest of judgment, or for a new trial.