Page:Revised Codes of the State of North Dakota 1895.pdf/1425

Criminal actions. which the defendant is not an inhabitant of, or usually resident within this state, is part of the limitation.

§ 7880. When action is commenced. An information is filed or an indictment found within the meaning of this article when it is presented, if an information by the state's attorney or person appointed to prosecute, or if an indictment, by the grand jury, in open court and there received and filed: or if a complaint, when filed by a magistrate having jurisdiction to hear, try and determine the action.

ARTICLE 3.- THE COMPLAINT, INFORMATION OR INDICTMENT AND MAGISTRATES.

§ 7881. Complaint defined. A complaint is a statement in writing made to a magistrate that a person has been guilty of some designated crime or public offense, and subscribed and sworn to by the complainant.

§ 7882. Indictment defined. An indictment is an accusation in writing, presented by a grand jury to a competent court, charging a person with a crime or public offense.

§ 7883. Information defined. An information is an accusation in writing, in form and substance like an indictment for the same offense, charging a person with a crime or public offense, signed and verified by some person and presented to a police magistrate, or to the district court, and filed by said police magistrate, if presented to him, or if presented to the district court, then in the office of the clerk of said court. § 7884. Magistrates defined. A magistrate is an officer authorized by law, to issue a warrant for the arrest of a person charged with a crime or public offense.

§ 7885. Who are magistrates. The following officers are magistrates:

1. The judges of the supreme court, with authority to act as such throughout the state.

2. The judges of the district courts, with authority to act as such throughout the judicial districts for which they are respectively elected.

3. As limited by law directing the place of exercising their jurisdiction and authority, county, city, township and other justices of the peace, police magistrates and, when authorized by law, the judges of the county courts, with authority to act as such throughout the counties or the judicial subdivisions in which the county, city, township or municipality for which they are respectively elected are located.

ARTICLE 4. — THE COMPLAINT.

§ 7886. What complaint must state. The complaint must state:

1. The name of the person accused, if known, or if not known and it is so stated, he may be designated by any other namo.

2. The county or judicial subdivision in which the offense was committed.

3. The general name of the crime or public offense.

4. The acts or omissions complained of as constituting the crime or public offense named.

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