Page:Revised Codes of the State of North Dakota 1895.pdf/1422

§§ 7857-7863 CHAPTER 6.

PROCEEDINGS IN CRIMINAL ACTIONS PROSECUTED BY INFORMATION OR INDICTMENT, TO THE COMMITMENT INCLUSIVE.

ARTICLE 1.- LOCAL JURISDICTION OF PUBLIC OFFENSES.

§ 7857. Who punishable in this state. Every person is liable to punishment by the laws of this state, for a crime or public offense committed by him therein, or as otherwise prescribed by the penal code, except when it is by law cognizable exclusively in the courts of the United States.

§ 7858. Commenced without, consummated within. When the commission of a public offense commenced without this state is consummated within its boundaries, the defendant is liable to punishment therefor in this state, though he was out of the state at the time of the commission of the offense charged, if he consummated it in this state through the intervention of an innocent or guilty agent, or by any other means proceeding directly from himself; and in such case, the jurisdiction is in the county or judicial subdivision in which the offense is consummated.

§ 7859. Duel without, death within state. When an inhabitant or resident of this state, by previous appointment or engagement fights a duel, or is concerned as a second or surgeon therein, out of the jurisdiction of this state, and in the duel a wound is inflicted upon a person, whereof he dies in this state, the jurisdiction of the offense is in the county or judicial subdivision where the death happens.

§ 7860. Inhabitant leaving to evade law. When an inhabitant leaving to evade law. When an inhabitant or resident of this state leaves the same for the purpose of evading the operation of the provisions of the statutes relating to dueling, and challenges to fight, with the intent or for the purpose of doing any of the acts prohibited therein, the jurisdiction is in the county or judicial subdivision of which the offender was an inhabitant or resident when the offense was committed.

§ 7861. Part committed in different counties. When a crime or public offense is committed in part in one county or judicial subdivision and in part in another, or the acts or effects thereof, constituting or requisite to the consuinmation of the offense occur in two or more counties or judicial subdivisions, the jurisdiction is in either or any of said counties or judicial subdivisions.

§ 7862. Committed near boundary. When a public offense is committed on the boundary of two or more counties or judicial subdivisions, or within five hundred yards thereof, the jurisdiction is in either county or judicial subdivision.

§ 7863. On board vessel. When an offense is committed in this state on board a vessel navigating a river, lake or canal, or lying therein in the prosecution of her voyage, the jurisdiction is in any county or judicial subalivision through which the vessel is navigated in the course of her voyage, or in the county or judicial subdivision where the voyage terminates.

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