Page:Compiled Laws of the State of North Dakota 1913 vol I.pdf/78

Rh A defendant has right to bail in a capital case, unless the proof of the commission of the offense, or the presumption thereof, is great. State ex rel. West v. Collins, 10 N. D. 464, 88 N. W. 88, 12 Am. Crim. Rep.

Admission to bail after indictment for murder, 81 Am. Dee. 87.

Bail in eapital case as a matter of right, 39 LR.A.(N.S.) 752.

Deposit of vash in lieu of bail. 44 L.R.A.(NS.) 1150.

Validity of statutes and ordinances chance penalty when crime committed by habitual criminals or prior offenders. 34 L.R.A. 398: 24 LRA.(N.S.) 432; 49 LRA. (N.S.) 204.

Constitutional and statutory provisions as to cruel and unusual punishment. 35 LR.A. 361.

Detention of one as witness as false imprisonment. 39 L-R.A.(N.S.) 503.

§ 7. The right of trial by jury shall be secured to all, and remain inviolate; but a jury in civil cases, in courts not of record, may consist of less than twelve men, as may be prescribed by law.

Preserves right of trial by jury as it existed prior to the adoption of the constitution and allows a reference where long account is involved. Smith v. Kunert, 17 115 N. W. 76.

Issues of fact in an equitable action to foreclose a mortgage are not triable before a jury asa matter of right. Avery Mfg. Co. v. Crumb. 14 N. D. 57, 103 N. W. 410.

ives prosecution right to change the place of trial when necessary to secure a fair and impartial trial. Barry v. Traux, 13 N. D. 131, 65 L.R.A. 762, 112 Am. St. Rep. 662, 99 N. W. 769, 3 Ann. Cas, 191.

Power of legislature to regulate or dispense with trial by jury. 48 Am. Dec. 185; 58 Am, Dec. 791,

Conditions and restrictions which may be imposed upon trial by jury by the legislature. 98 Am, St. Rep. 538.

Question whether suit for statutory penalty is a civil or criminal prosecution as affecting right to jury. 27 L.R.A. (N.S.) 745.

Right upon plea of guilty to sentence accused without intervention of jury. 35 L.R.A. (N.S.) 1146.

Effect of statutory declaration that murder committed by certain means, or while engaged in commission of felony, shall be murder in the first degree, upon right of jury to pass upon degree. 12 L.R.A.(N.S.) 935.

Restraint on freedom of child as deprivation of right to jury trial. 18 L.R.A. (N.S.)

Valid of waiver of jury trial in criminal action. 11 L.R.A. (N.S.) 1136.

Right to trial by jury in equitable cases on account of demand for damages. 15 L.R.A. 287.

Right to jury for assessment of damages on default. 15 L.R.A. 614; 20 L.R.A. (N.S.) 1.

Dental, of jury trial simply because matters in issue are complicated. 39 L.R.A.

Compulsory, reference as affected by constitutional right to jury. 25 LRA. 67; 13 {N.S.) 146.

LR.A.( Civil tervice “laws as violating constitutional right of trial by jury. 34 LR.A. (N.S.) 482.

Constitutionality of provision for separate trial of different issues in same case. 40 LRA.(N.S.) 138.

Right to jury in quo warranto proceedings. 24 L.R.A. 806; 24 L.R.A.(N.S.) 639.

Right to jury as affected by compulsory evidence against one’s self. 29 L.R.A. 819.

Right of property owner to have amount of assessment for public improvement fixed by jury. 60 L.R.A. 236.

Right to jury in proceedings for registration of land titles. 41 L.R.A. (N.S.) 1044.

Effect of provision that jury shall determine the law and the facts in libel cases. 33 L.R.A. (N.S.) 207.

Right trial on appeal as satisfying the constitutional right to trial by jury. 15 AL 441.

Number and agreement of jurors necessary to verdict. 24 L.R.A. 272; 43 L.R.A. 34.

§ 8. Until otherwise provided by law, no person shall, for a felony, be proceeded against criminally, otherwise than by indictment, except in cases arising in the land or naval forces, or in the militia when in actual service in time of war or public danger. In all other cases, offenses shall be prosecuted criminally by indictment or information. The legislative assembly may change, regulate or abolish the grand jury system.

Prosecution may amend information in county to which trial removed by leave of court. where no new cffense charged. State y. Woods, 24 N. D. 156, 139 N. W. 321.

Forbids prosecutions of militiamen for felonies oy court-martial except when in actual