Page:Revised Codes of the State of North Dakota 1895.pdf/1400

§§ 7699-7704 imprisonment in the penitentiary, commits any crime after such conviction, is punishable as follows:

1. If such subsequent offense is such that upon a first conviction the offender would be punishable by imprisonment in the penitentiary for life, at the discretion of the court, such person is punishable by imprisonment in such prison during life.

2. If such subsequent offense is such that upon a first conviction the offender would be punishable by imprisonment in the penitentiary for any term less than for life, such person is punishable by imprisonment in such prison for the longest term prescribed upon a conviction for such first offense.

3. If such subsequent conviction is for petit larceny, or for any attempt to commit an offense which, if perpetrated, would be punishable by imprisonment in the penitentiary, then such person is punishable by imprisonment in such prison for a term not exceeding five years.

§ 7699. First conviction not in this state. Every person who has been convicted in any other state, government or country of an offense which, if committed within this state, would be punishable by the laws of this state by imprisonment in the penitentiary, is punishable for any subsequent crime committed within this state, in the manner prescribed in the last three sections, and to the same extent as if such first conviction had taken place in a court of this state.

§ 7700. Two or more convictions. Sentences. When any person is convicted of two or more crimes before sentence has been pronounced upon him for either, the imprisonment to which he is sentenced upon the second or other subsequent conviction, must commence at the termination of the first term of imprisonment to which he shall be adjudged, or at the termination of the second or other subsequent term of imprisonment, as the case may be.

§ 7701. Imprisonment for life. Whenever any person is declared punishable for a crime by imprisonment in the penitentiary for a term not less than any specified number of years, and no limit to the duration of such imprisonment is declared, the court authorized to pronounce judgment upon such conviction may. in its discretion. sentence such offender to imprisonment during his natural life, or for any number of years not less than such as are prescribed.

§ 7702. Time sentence limited to expire. Whenever a person is sentenced to be imprisoned in the penitentiary, for a longer period than one year, it is the duty of the court before which the conviction is had, to limit the time of the sentence so that it will expire, as near as may be, between the month of March and the month of November, unless the exact period of the sentence is fixed by law.

§ 7703. Juvenile offenders. Whenever any person under the age of sixteen years is convicted of an offense punishable by imprisonment in the penitentiary, the court before whom such conviction was had may. in its discretion, sentence the person so convicted to imprisonment in the county jail of the county in which such conviction was had.

§ 7704. Fine may be added to imprisonment. Upon a conviction for any crime punishable by imprisonment in any jail or prison, in relation to which no fine is herein prescribed, the court may impose a fine on the offender not exceeding two hundred dollars in addition to the imprisonment prescribed.

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