Page:1887 Compiled Laws of Dakota Territory.pdf/1225

Attendance of Witnesses.

§ 7522. If a judgment against the defendant is reversed without ordering a new trial, the supreme court must direct, if he is in custody, that he be discharged therefrom, or if on bail, that his bail be exonerated, or if money was deposited instead of bail, that it be refunded to the defendant.

§ 7523. On a judgment of affirmance against the defendant, the original judgment must be enforced.

§ 7524. When the judgment of the supreme court is given, it must be entered in the minutes, and a certified copy of the entry forth with remitted to the clerk of the district court.

§ 7525. After the certificate of the judgment has been remitted to the court below, the supreme court has no further jurisdiction of the writ, or of the proceedings thereon, and all orders which may be necessary to carry the judgment into effect, must be made by the court to which the certificate is remitted.

§ 7526. The process by which the attendance of a witness before a court or magistrate is required, is a subpoena.

§ 7527. A magistrate before whom an information is laid, or to whom a presentment of a grand jury is sent, may issue issue subpoenas, subscribed by him, for witnesses within the territory, either on behalf of the territory or the defendant.

§ 7528. The district attorney may issue subpoenas, subscribed by him, for witnesses within the territory, in support of the prosecution, or for such other witnesses as the grand jury may direct, to appear before the grand jury upon an investigation before them.

§ 7529. The district attorney may in like manner issue subpoenas for witnesses within the territory, in support of an indictment, to appear before the court at which it is to be tried.

§ 7530. The clerk of the court at which an indictment is to be tried, must, at all times, upon the application of the defendant, and without charge, issue as many blank subpoenas,