Page:Revised Codes of the State of North Dakota 1895.pdf/1445

Form of Information, etc. ARTICLE 7. - FINDING AND PRESENTATION OF THE INDICTMENT.

§ 8031. Finding. Twelve jurors must concur. An indictment cannot be found without the concurrence of at least twelve grand jurors. When so found, it must be indorsed "a true bill," and the indorsement must be signed by the foreman of the grand jury.

§ 8032. When accused must be dismissed. If twelve grand jurors do not concur in finding an indictment against a defendant who has been held to answer, the original complaint and the certified record of the proceedings before the magistrate transmitted to them, must be returned to the court, with an indorsement thereon, signed by the foreman, to the effect that the charge is dismissed.

§ 8033. Dismissal of charge. Resubmission. The dismissal of the charge does not, however, prevent its being again submitted to a grand jury as often as the court may so direct. But without such direction it cannot be again submitted.

§ 8034. Names of witnesses on indictment. When an indictment is found, the names of the witnesses examined before the grand jury must, in all cases, be inserted at the foot of the indictment or indorsed thereon before it is presented to the court.

§ 8035. Presentment of indictment. An indictment, when found by the grand jury, must be presented by their foreman, in their presence, to the court, and must be filed with the clerk, and remain in his office as a public record.

§ 8036. Persons indicted, how arrested. When an indictment is found against a defendant who has not been previously arrested, and is not under bail, the same proceedings must be had as are prescribed in sections 8065 to 8072 inclusive, against a defendant who fails to appear for arraignment.

CHAPTER 8.

RULES OF PLEADING AND FORM OF THE INFORMATION OR INDICTMENT.

§ 8037. Forms of pleadings in criminal actions. All the forms of pleading in criminal actions, and rules by which the sufficiency of pleadings is to be determined are those prescribed by this code.

§ 8038. First pleading, information or indictment. The first pleading on the part of the state is the information or the indictment.

§ 8039. What information or indictment must contain. The information or indictment must contain:

1. The title of the action, specifying the name of the court to which the information or the indictment is presented, and the names of the parties.

2. A statement of the acts constituting the offense, in ordinary and concise language, and in such manner as to enable a person of common understanding to know what is intended. 1411