Page:Revised Codes of the State of North Dakota 1895.pdf/1290

§§ 7071-7077 § 7071. Punishment for manslaughter in second degree. Every person convicted of manslaughter in the second degree shall be punished by imprisonment in the penitentiary not less than one and not exceeding five years, or by imprisonment in the county jail not exceeding one year, or by a fine not exceeding one thousand dollars, or by both such fine and imprisonment.

§ 7072. Jury determines degree of murder. The jury before whom any person prosecuted for murder is tried, shall, if they find such person guilty thereof, determine by their verdict, whether it is of murder in the first degree or of murder in the second degree.

§ 7073. Jury must determine punishment. The jury before whom any person prosecuted for murder is tried, shall if they find such person guilty thereof, fix and determine by their verdict, the punishment to be inflicted, within the limits prescribed by law, as for example: if they find such person guilty of murder in the first degree, they must designate in their verdict whether he shall be punished by death or imprisonment in the penitentiary for life: or, if they find such person guilty of murder in the second degree, they must designate in their verdict the term of his imprisonment in the penitentiary not less than ten and not exceeding thirty years.

§ 7074. Court to enter judgment according to verdict. Exception. Whenever any person is convicted of murder by the verdict of a jury, it shall be the duty of the court to enter judgment against such person, in accordance with such verdict, or otherwise as provided by section 8247 of the code of criminal procedure.

§ 7075. Manslaughter. Jury. Degree. Punishment. Court. The jury before whom any person is prosecuted for murder, may, according to the facts and circumstances disclosed by the evidence, find such person guilty of manslaughter. Whenever the jury finds any person guilty of manslaughter, either upon a prosecution for murder or a prosecution for manslaughter, they shall determine by their verdict whether it is of manslaughter in the first degree or of manslaughter in the second degree, and shall also fix and determine by their verdict the punishment to be inflicted, within the limits prescribed by law, and it shall be the duty of the court to enter judgment against such person in accordance with such verdict, or otherwise as provided by section 8247 of the code of criminal procedure.

§ 7076. Murder. Manslaughter. Plea. Guilty. Court. Whenever any person prosecuted for murder or manslaughter pleads guilty, he shall, in his plea, designate whether he is guilty of murder in the first degree or in the second degree, or of manslaughter in the first degree or in the second degree, and the court shall, if said plea is accepted, determine the punishment to be inflicted therefor within the limits prescribed by law, and enter judgment against such person in accordance with such determination. But the court may, in its discretion, examine witnesses to aid in the determination of the punishment to be inflicted or submit the same to a jury to determine the punishment, or, at its discretion, may refuse to receive a plea of guilty and submit the whole case to a jury.

§ 7077. Treason. Murder. Death. Time of execution. Whenever the court or jury shall designate that a person convicted of treason or of murder in the first degree shall be punished by death, it shall be the duty of the court entering judgment to fix the day of the execution thereof, which day shall not be less than three months after