Page:1961 North Dakota Session Laws.pdf/157

CRIMES one hundred dollars or by imprisonment in the county jail for not more than thirty days, or by both such fine and imprisonment.

Approved March 16, 1961.

CHAPTER 129

S. B. No. 159

(Longmire, Wartner)

DEGREE OF CRIME AND PUNISHMENT, DETERMINATION

AN ACT

To amend and reenact section 12-06-06 of the North Dakota Century Code, relating to the determination of the degree of crime by a jury and the determination of punishment by a judge.

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

§ 1. Amendment.) Section 12-06-06 of the North Dakota Century Code is hereby amended and reenacted to read as follows:

12-06-06. When Jury Determines Degree of Crime.) Whenever a crime is distinguished into degrees, the jury, if it convicts the defendant, must find the degree of the crime of which he is guilty. Whenever a verdict of guilty is rendered against the accused upon a prosecution for homicide, the jury must find the degree thereof by its verdict, and the judge must determine the punishment to be inflicted within the limits prescribed by law.

Approved February 23, 1961.