Page:Revised Codes of the State of North Dakota 1895.pdf/1398

§§ 7683-7694 § 7885. Acts punishable in another state. An act or omission declared punishable by this code, is not less so because it is also punishable under the laws of another state, government or country, unless the contrary is expressly declared in this code.

§ 7686. Conviction or acquittal in another state. But whenever it appears upon the trial of an information or indictment that the accused has already been acquitted or convicted upon any criminal prosecution under the laws of another state, government or country founded upon the act or omission in respect to which he is upon trial, it shall be a sufficient defense.

§ 7687. Contempts punishable as crimes. A criminal act is not the less punishable as a crime because it is also declared to be punishable as a contempt.

§ 7688. Mitigation of punishment. But when it is made to appear at the time of passing sentence upon a person convicted upon information or indictment, that such person has already paid a fine or suffered an imprisonment for the act of which he stands convicted. under an order adjudging it a contempt, the court authorized to passvsentence may mitigate the punishment to be imposed, in its discretion.

$ 7689. Aiding in misdemeanor. Whenever an act is declared a misdemeanor, and no punishment for counseling or aiding in the commission of such act is expressly prescribed by law, every person who counsels or aids another in the commission of such act is guilty of a misdemeanor.

§ 7690. Neglect of official duty. Removal from office. In addition to the penalty affixed by express terms to every neglect or violation of official duty on the part of public officers, county, city, town or township, or state officers not liable to impeachment, when it is not so expressly provided, they may, in the discretion of the court be removed from office.

§ 7691. When sending letter complete. In the various cases in which the sending of a letter is made criminal by this code, or by any statute of this state, the offense is deemed complete from the time when such letter is deposited in any post office. or in any other place, or delivered to any person with intent that it shall be forwarded; and the party may be prosecuted and tried in any county or judicial district in which said letter is so deposited or delivered, or in which it shall be received by the person to whom it is addressed.

§ 7692. Failure to perform duty. No person is punishable for an omission to perform an act, when such act has been performed by another person acting in his behalf, and competent by law to perform it.

§ 7693. Attempts to commit crime. An act done with intent to commit a crime and tending but failing to effect its commission, is an attempt to commit that crime. Any person may be convicted of an attempt to commit a crime, although it appears on the trial that the crime intended or attempted was perpetrated by such person in pursuance of such attempt, unless the court, in its discretion, discharges the jury and directs such person to be prosecuted for such crime.

§ 7694. Attempts. Failures to commit crimes. Punishment. Every person who attempts to commit any crime, and in such attempt does any act toward the commission of such crime but fails, or is prevented or intercepted in the perpetration thereof. is punish-

1364