Page:Dakota Territory Reports Vol 4.djvu/425

 stenographer, as provided by Sub-div. 6 of Sec. 343, C. Crim. Proc., to which no exception was taken by the defendant. Section 446, C. C. Proced. must be construed with Sub-div. 6 of Sec. 343 of C. C. Proced., and only applies when the court is required to reduce its charge to writing.

, C. J. The defendant was tried at the October term, 1884, of the district court in and for Moody county, upon an indictment for murder, was convicted of the crime of manslaughter in the first decree, and was sentenced to imprisonment in the penitentiary at Sioux Palls for the term of 24 years and 4 months. No motion was made for a new trial, or for arrest of judgment, nor was any bill of exceptions tendered or settled in the case; but some time after judgment was pronounced, and the defendant had been conveyed to the penitenitary, defendant sued out a writ of error, and assigned as errors of record as follows: "(1) Error in that the plea of defendant does not substantially conform to the statutory form required by Section 276, Code Crim. Proc. (2) Error in that it does not appear by the record that the clerk or district attorney on the trial read the indictment, or stated the plea of the defendant, to the jury. (3) Error in that it does not appear by the record that when the verdict was given and recorded, or at any time, the clerk or any officer of the court read it to the jury, or inquired of them whether it was their verdict, or that the jury declared the same. (4) Error in that it does not appear that a time was appointed by the court, after the return of the verdict, for pronouncing judgment, or any time allowed after verdict before judgment. (5) Error in that the record does not show that before judgment the defendant was informed of the nature of indictment, or of his plea, or of the verdict, or was asked whether he had any legal cause to show why judgment should not be pronounced against him. (6) Error in that no charge of the court is contained or appears in the record of the action, as provided by Section 446. of said Code. (7) Error in rendering said judgment without stating offense. (8) Other errors and omissions in said record, wherein it is insufficient to sustain said judgment.