Page:Revised Codes of the State of North Dakota 1895.pdf/1406

§§ 7746-7752 public danger, or which this state may keep, with the consent of congress, in time of peace.

3. Offenses tried in justices', police and county courts in cases concerning which lawful jurisdiction is or may be conferred upon such courts.

§ 7746. Criminal action defined. The proceeding by which a party charged with a public offense is accused and brought to trial and punishment, is known as a criminal action.

§ 7747. How prosecution entitled. A criminal action is prosecuted in the name of the state of North Dakota as a party against the party charged with the offense.

§ 7748. Party defendant. The party prosecuted in a criminal action is designated in this code as the accused or as the defendant.

§ 7749. Rights of defendant. In all criminal prosecutions the party accused shall have the right:

1. To appear and defend in person and with counsel.

2. To demand and be informed of the nature and cause of the accusation.

3. To meet the witnesses against him face to face.

4. To have the process of the court to compel the attendance of witnesses in his behalf.

5. To a speedy and public trial, and by an impartial jury of the county in which the offense is alleged to have been committed or is triable, but subject to the right of the state to have a change of the place of trial for any of the causes for which the party accused may obtain the same.

§ 7750. Only once prosecuted. No person can be twice put in jeopardy for the same offense; nor can any person be subjected to a second prosecution for a public offense for which he has once been prosecuted and convicted or acquitted or put in jeopardy, except as provided by law for new trials.

§ 7751. Witness against self. Restraint, extent of. No person can be compelled in a criminal action to be a witness against himself; nor can a person charged with a public offense be subjected before conviction to any more restraint than is necessary for his detention to answer the charge.

§ 7752. How conviction can be had. No person can be convicted of a crime or public offense unless by the verdict of a jury, accepted and recorded by the court, or upon a plea of guilty, or upon a judgment against him, his demurrer having been overruled, or upon a judgment of a justice's court, or such other courts as are or may be created by law for cities, incorporated towns and villages, or county courts exercising increased jurisdiction as provided in section 111 of the constitution, in cases in which such judgment may be lawfully given without the intervention of a jury, or by the judgment of a court, a jury having been waived, upon a criminal charge not amounting to a felony

1372