Page:1887 Compiled Laws of Dakota Territory.pdf/1222

§§ 7496-7502

§ 7496. The sheriff or deputy sheriff of the county must be present at the execution, and must invite the presence, by at least three days' notice, of the district attorney, together with one physician and twelve reputable citizens, to be selected by him. He must also, at the request of the defendant, permit any minister or ministers of the gospel whom the defendant may name, and any of his relatives or friends, not to exceed five, to attend the execution, and also such peace officers as the sheriff or undersheriff may deem proper. But no persons other than those mentioned in this section can be present at the execution, nor can any person under age be allowed to witness the same.

§ 7497. The sheriff or deputy sheriff must prepare and sign, with their names of office, a certificate attached to the death warrant, setting forth the time, manner and place of the execution, and that the judgment was executed upon the defendant according to the provisions of the last three sections, and attested by at least twelve persons, not relatives of the defendant, who witnessed the execution.

§ 7498. The sheriff or deputy sheriff must cause the certificate to be filed in the office of the clerk of the court.

§ 7499. Either party may sue out a writ of error to remove to the supreme court, and therein to re-examine and review the record and bills of exception in a criminal action, upon matters of law decided in the district courts, in manner as prescribed in this chapter.

§ 7500. Writs of error shall be allowed in all cases from the final decisions of said district courts, to the supreme court, under such regulations as are herein or may be prescribed by law. The party seeking the writ must apply to the judge, or to a justice of the supreme court, by petition, verified by affidavit, setting forth clearly and succinctly the chief matters of error complained of.

§ 7501. The party suing out the writ is known as the plaintiff in error, and the adverse party as the defendant in error, but the title of the action is not changed in consequence of the writ.

§ 7502. The writ may be sued out by the defendant:

1. From a final judgment of conviction.

2. From an order refusing a motion in arrest of judgment.