Page:Revised Codes of the State of North Dakota 1895.pdf/1423

Criminal actions. § 7884. Certain enumerated cases. The jurisdiction of a criminal action:

1. For forcibly and without lawful authority seizing and confining another, or inveigling or kidnaping him, with intent, against his will to cause him secretly or forcibly to be confined or imprisoned in this state, or to be sent out of this state or from one county to another; or,

2. For maliciously, forcibly or fraudulently taking or enticing away a child under the age of twelve years, with intent to detain and conceal such child from its parents, guardian or other person having lawful charge of the child; or.

3. For inveigling, enticing or taking away any unmarried female of previous chaste character, under the age of twenty years, for the purpose of prostitution, or for aiding or assisting in such abduction, for such purpose: or,

4. For taking away any female under the age of eighteen years, from her father, mother, guardian or other person having the legal charge of her person, without his consent, either for the purpose of concubinage or prostitution:

Is in any county or judicial subdivision in which the offense is committed, or into or out of which the person upon whom the offense was committed, may, in the commission of the offense, have been brought or in which an act was done by the accused in instigating, procuring, promoting, aiding or assisting or in being an accessory to the commission of the offense or in abetting the parties concerned therein.

§ 7866. Proceedings in certain cases. When property taken in one county or judicial subdivision, by burglary, robbery, larceny or embezzlement, has been brought into another, the jurisdiction of the offense is in either. But if before the conviction of the defendant in the latter, he is indicted in the former county or judicial subdivision, the sheriff of the latter must, upon demand, deliver him to the sheriff of the county or judicial subdivision where the indictment was found, upon being served with a certified copy of the indictment and a receipt indorsed thereon, of the delivery of the body of the defendant, and is, on filing the copy of the indictment and the receipt, exonerated from all liability in respect to the custody of the defendant. The sheriff having the custody of the accused shall not surrender him except upon an indictment by a grand jury.

§ 7866. Treason. Overt act without state. The jurisdiction of a criminal action for treason, when the overt act is committed out of this state, is in any county or judicial subdivision of the state.

§ 7867. Jurisdiction of accessory. In the case of an accessory in the commission of a public offense, the jurisdiction is in the county or judicial subdivision where the offense of the accessory was committed, notwithstanding the principal offense was committed in another county or judicial subdivision.

§ 7868. Conviction or acquittal in another state. When an act charged as a public offense is within the jurisdiction of another state, country or territory as well as in this state, a conviction or acquittal thereof in the former is a bar to a prosecution or indictment therefor in this state.

§ 7869. Conviction or acquittal in another county. When an offense is in the jurisdiction of two or more counties, a conviction 1389