Page:Revised Codes of the State of North Dakota 1895.pdf/1435

Criminal Actions. defendant and his counsel and such other person as he may designate, and the officer having the defendant in custody.

§ 7960. How witnesses examined. The witnesses must be examined in the presence of the defendant, and may be cross-examined in his behalf. And on demand of the defendant all the testimony in the case must be reduced to writing in the form of depositions.

§ 7961. Accused may produce witnesses. When the examination of the witnesses on the part of the state is closed, any witnesses the defendant may produce must be sworn and examined.

§ 7962. Magistrate. Disposition of depositions. The magistrate or his clerk must keep the depositions taken, and exhibits admitted as evidence on the examination until returned to the proper court; and must not permit such testimony to be examined or copied by any person except a judge of the court having jurisdiction of the offense, or authorized to issue writs of habeas corpus, the attorney general of the state, the state's attorney of the county or judicial subdivision, or other prosecuting attorney and the defendant and his counsel.

§ 7963. Violation. Misdemeanor. Every violation of the last section is punishable as a misdemeanor.

§ 7964. Procedure. Accused discharged. After hearing the evidence on behalf of the respective parties, if it appears either that a public offense has not been committed, or that there is no sufficient cause to believe the defendant guilty thereof, the magistrate must order the defendant to be discharged, by an indorsement on the complaint over his signature, to the following effect: “There being no sufficient cause to believe the within named guilty of the offense within mentioned, I oriler him discharged."

§ 7965. Malicious prosecution. Costs taxed. If the defendant on a preliminary examination for a public offense is discharged as provided in section 7964 and if the magistrate finds that the prosecution was malicious or without probable cause, he shall enter such judgment on his docket and tax the costs against the complaining witness, which shall be enforced as judgments for costs in criminal cases, and execution may issue therefor.

§ 7966. Procedure. Accused held to answer. If, however, it appears from the examination that a public offense has been committed, and that there is sufficient cause to believe the defendant guilty thereof, the magistrate must, in like manner, indorse on the complaint an order signed by him, to the following effect: “It appearing to me that the offense in the within complaint mentioned (or any other offense, according to the fact, stating generally the nature thereof), has been committed and that there is sufficient cause to believe the within named, guilty thereof, I order that he be held to answer the same."

§ 7967. When offense not bailable. If the offense is not bailable, the following words or words to the same effect, must be added to the indorsement: "And that he is hereby committed to the sheriff of....," (or to the marshal of the city of ....... or as the case may be).

§ 7968. When offense bailable. If the offense is bailable, and bail is taken by the magistrate, the following words or words to the same effect, must be added to the indorsement mentioned in sec-

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