Page:Compiled Laws of the State of North Dakota 1913 vol II.pdf/487

§§ 9197-9205 declared by law to be a felony, a misdemeanor for all purposes after a judgment imposing a punishment other than imprisonment in the penitentiary. [R. C. 1905, § 8534; Pen. C. 1877, §§ 5, 6; R. C. 1895, § 6804.]

As to similar provisions in Cal. Pen. Code, 17, see Ex parte Arras, 78 Cal. 304, 20 Pac. 683: In re Šullivan, 3 Cal. App. 193, 84 Pac. 781.

§ 9198. Scope of penal code. This code specifies the classes of persons who are deemed capable of crimes and liable to punishment therefor; and defines the nature of the various crimes, and prescribes the kind and measure of punishment to be inflicted for each. The manner of prosecuting and convicting criminals is regulated by the provisions of this code and the code of criminal procedure. R. C. 1905, § 8535; Pen. C. 1877, § 7; R. C. 1895, § 6805.)

§ 9199. Conviction before punishment. The punishments prescribed by this code can be inflicted only upon a legal conviction in a court having jurisdiction. [R. C. 1905, § 8536; Pen. C. 1877, § 8; R. C. 1899, § 6806.]

§ 9200. Jury find degree of orime. Whenever a crime is distinguished into degrees, the jury, if they conviet the prisoner, shall find the degree of the § 6807.]

§ 9201. Rule of construction. The rule of the common law that penal statutes are to be strictly construed, has no application to this code. All its provisions are to be construed according to the fair import of their terms, with a view to effect its objects and to promote justice. [R. C. 1905, § 8538; Pen. C. 1877, § 10; R. C. 1899, § 6808.]

Penal statutes are to be construed according to legislative intent as expressed in enactment. State v. Fargo Bottling Works Co., 19 N. B. 396, 26 L.R.A. (N.S.) 872, 124 N. W. 387.

Rule of construction of ordinance regulating construction of wooden buildings relieves prosecution from necessity of showing that ordinance was violated. Mayville v. Rosing, 19 N. D. 98, 26 L.R.A. (N.S.) 120, 123 N. W. 393.

As to similar provision in Cal. Pen. Code, 4, see People v. Fowler, 88 Cal. 136, 25 Pac. 1110; Snell 'v. Bradbury, 139 Cal. 379, 13 Pac. 150.

§ 9202. Duty of court to determine punishment. Exception. Except as limited in cases where the jury is authorized to determine the punishment, the several sections of this code which declare certain crimes to be punishable as therein mentioned, devolve a duty upon the court authorized to pass sentence, to determine and impose the punishment prescribed. [R. C. 1905, § 8539; Pen. C. 1877, § 11; R. C. 1895, § 6809.]

§ 9203. Jury when authorised, otherwise court determines limit. Whenever in this code the punishment for a crime is left undetermined between certain limits, the punishment to be inflicted in a particular case must be determined by the jury, when so authorized, or by the court authorized to pass sentence, within such limits as may be prescribed by this code. [R. C. 1905, § 8540; Pen. C. 1877, § 12; R. C. 1895, § 6810.]

§ 9204. Punishments of felonies. Natural persons. Corporations. Except in cases where a different punishment is prescribed by this code or by some existing provision of law, every offense declared to be a felony is punishable by a fine not exceeding one thousand dollars or by imprisonment in the penitentiary not less than one and not exceeding five years, or by both such fine and imprisonment. In all cases where a corporation is convicted of an offense for the commission of which a natural person would be punishable as for a felony, and there is no other punishment prescribed by law, such corporation is punishable by a fine of not less than five hundred and not exceeding five thousand dollars. [R. C. 1905, § 8541; Pen. C. 1877, § 13; R. C. 1895, 5 6811.]

Punishment of felonies when not otherwise prescribed. State v. Taylor, 7 S. D. 535, 64 N. W. 548.

§ 9205. Misdemeanors. Except in cases where a different punishment is prescribed by this code or by some existing provisions of law, every offense declared to be a misdemeanor is punishable by imprisonment in a county