Page:Revised Codes of the State of North Dakota 1895.pdf/1424

§§ 7870-7879 or acquittal thereof in one county is a bar to a prosecution or indictment thereof in another.

§ 7870. Escaping from penitentiary. The jurisdiction of a criminal action for escaping from or breaking the penitentiary, with intent to escape therefrom, or for attempting by force or violence or in any other manner to escape from said prison, is in the county where the same is located.

§ 7871. Escaping from jail. The jurisdiction of a criminal action for breaking or escaping from the jail of any county is in the county where said jail is located.

§ 7872. Bringing stolen property into state. The jurisdiction of a criminal action for stealing in any state, country or territory, the property of another, or receiving it, knowing it to have been stolen, and bringing the same into this state, is in any county or judicial subdivision into which such stolen property has been brought.

§ 7873. Murder or manslaughter. The jurisdiction of a criminal action for murder or manslaughter, when the injury which caused the death was inflicted in one county or judicial subdivision and the party injured dies in another or out of the state, is in the county or judicial subdivision where the injury was inflicted.

§ 7874. Against a principal not present. The jurisdiction of a criminal action against a principal in the commission of a public offense, when such principal is not present at the commission thereof, is in the same county or judicial subdivision in which it would be under this code, if he was so present and aiding and abetting therein.

§ 7875. Violating enumerated sections. The jurisdiction of a criminal action for the violation of any of the provisions of sections 7348, 7349 and 7350 of the penal code is in any county judicial subdivision, either:

1. In which any act is done toward the commission of the offense; or,

2. Into, out of or through which the offender passed to commit the offense; or,

3. Where the offender is arrested.

ARTICLE 2.- TIME OF COMMENCING CRIMINAL ACTIONS.

§ 7876. For murder not limited. There is no limitation of the time within which a prosecution for murder must be commenced. It may be commenced at any time after the death of the person killed.

§ 7877. For felony other than murder. An information for any other felony than murder must be filed, or an indictment found, within three years after its commission; provided, that nothing in this section contained shall be construed to bar or prevent a person prosecuted for murder from being found guilty of manslaughter and punished accordingly.

§ 7878. For misdemeanor. An information, or a complaint, for a misdemeanor, except as otherwise specially limited by law, must be filed, or an indictment found, within two years after its commission.

§ 7879. Time of defendant's absence. If when the crime or public offense is committed, the defendant is out of the state, the information may be filed, or the indictment found, within the time herein limited, after his coming within the state, and no time during

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