Page:Revised Codes of the State of North Dakota 1895.pdf/1405

 CODE OF CRIMINAL PROCEDURE.

CHAPTER 1.

PRELIMINARY PROVISIONS.

§ 7740. Title. This act shall be known as the code of criminal procedure of the state of North Dakota.

§ 7741. Crime defined. Punishments. A crime or public offense is an act committed or omitted in violation of a law forbidding or commanding it, and to which is annexed, upon conviction, either of the following punishments:

1. Death.

2. Imprisonment.

3. Fine.

4. Removal from office.

7. Disqualification to hold and enjoy any office of honor, trust or profit under this state, or

6. Other penal discipline.

§ 7742. Division of crimes. Crimes or public offenses are divided into:

1. Felonies.

2. Misdemeanors.

§ 7743. Felony defined. Misdemeanor defined. A felony is a crime which is or may be punishable with death or imprisonment in the penitentiary; every other crime is a misdemeanor. When a crime punishable by imprisonment in the penitentiary is also punishable by fine or imprisonment in a county jail, in the discretion of the court or jury, it is, except when otherwise specifically declared by law to be a felony, a misdemeanor for all purposes after a judgment imposing a punishment other than imprisonment in the penitentiary.

§ 7744. Punishment only on conviction. No person can be punished for a public offense except upon legal conviction in a court having jurisdiction thereof.

§ 7745. How crimes prosecuted. Exceptions. Every public offense must be prosecuted by information or indictment, except:

1. When proceedings are had for the removal of a civil officer of the state, or an officer of some political subdivision thereof.

2. Breaches of military discipline arising in the militia, when in actual service, and in the land and naval forces in time of war or

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