Page:1931 North Dakota Session Laws.pdf/228

CRIMES & PUNISHMENTS

An Act to amend and re-enact Section 10959 of the Compiled Laws of 1913, relating to suspension, modification and revocation of sentences.

Be It Enacted by the Legislative Assembly of the State of North Dakota:

§ 1. .] Section 10959 of the Compiled Laws of 1913 is hereby amended and re-enacted to read as follows:

§ 10959. .) In all prosecutions for misdemeanors where the defendant has been found guilty, and where the court or magistrate has power to sentence such defendant to the county jail, and it appears that the defendant has never before been imprisoned for crime, either in this state or elsewhere (but detention in an institution for juvenile delinquents shall not be considered imprisonment), and where it shall appear to the satisfaction of the court or magistrate that the character of the defendant and circumstances of the case are such that such defendant is not likely again to engage in an offensive course of conduct, and where it appears that the public welfare does not demand or require that the defendant shall suffer the penalty imposed by law, said court or magistrate may suspend the execution of the sentence or inay modify or alter the sentence imposed in such manner as to the court or magistrate, in view of all the circumstances, seems just and right; provided, however, where a Judge has suspended a sentence, no order for recommitment of the person whose sentence has been suspended shall be made after the period of eighteen months has elapsed after the maximum period of time for which such person might have been sentenced.

Approved March 11, 1931.

An Act defining the crime of slander and libel of annuity, safe deposit, surety and trust companies, and fixing the penalty therefor.

Be It Enacted by the Legislative Assembly of the State of North Dakota:

§ 1. .) Any person who shall wilfully and maliciously make, circulate or transmit to another