Page:Revised Codes of the State of North Dakota 1895.pdf/1439

Information or Indictment. § 7984. Procedure when no information Alled. If the state's attorney, or other person appointed to prosecute, in any such case, determines that an information ought not to be filed, he must make, subscribe and file with the clerk of the district court of the county or judicial subdivision, a statement in writing setting forth his reasons in fact and in law for not filing an information: such statement must be filed at and during the term of the court to which the accused is held to appear for trial. The court must thereupon examine such statement together with the evidence filed in the case, and if, upon such examination, the court is not satisfied with such statement, the state's attorney, or person appointed to prosecute, must be directed and required by the court to file the proper information and bring the case to trial. But if the court does not require that an information be filed and the defendant is not held or wanted to answer for any other crime or public offense, he shall be discharged and his bail exonerated or money deposited refunded to him.

§ 7985. Information. Filing. Names of witnesses. All informations filed under the provisions of this article, shall be by the state's attorney of the county or judicial subdivision, or by the person appointed to prosecute, as informant; and said state's attorney or person appointed to prosecute shall subscribe his name to said information and indorse or otherwise exhibit thereon the names of all witnesses for the prosecution known to him to be such at the time of the filing of the same, but other witnesses may testify, in behalf of the prosecution, on the trial of said action, the same as if their names had been indorsed upon the information.

§ 7986. Verification. Form of. The information must be verified by the state's attorney or by the person appointed to prosecute, or by the prosecuting witness, or by some other person, and said verification must be signed by the person verifying and may be to the effect that the person verifying has read or heard the formation read, and knows the contents thereof, and that he is informed and verily believes that the facts set forth therein are true, and from said knowledge, information and belief he states the same to be true.

§ 7987. Information. Form of amendment. The information must conform to the requirements of the article of this code entitled, “Rules of Pleading and Form of the Information or Indictment," and may be amended in matter of form, without a new verification, or of substance with a new verification at any time before the defendant pleads, without leave of the court. The information may be amended at any time thereafter or during the trial as to all matters of form, at the discretion of the court, when the same can be done without prejudice to the rights of the defendant. No amendment must cause any delay of the trial unless for good cause shown by affidavit.

ARTICLE 3. -- CALLING OF THE GRAND JURY.

§ 7988. Grand jury defined. Formation. A grand jury is a body of men, consisting of not less than sixteen nor more than twenty-three persons of the county possessing the qualifications prescribed by law, and impaneled and sworn to inquire into and true presentment make to the district court of all crimes or public offenses against the laws of this state committed or triable within the county or judicial subdivision for which the court is holden.

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