Page:Revised Codes of the State of North Dakota 1895.pdf/1447

Form of Information, etc. 5. That the offense was committed at some time prior to the time of the presenting of the information or of the finding of the indictment.

6. That the act or omission charged as the offense is clearly and distinctly set forth in ordinary and concise language, without repetition, and in such a manner as to enable a person of common understanding to know what is intended.

7. That the act or omission charged as the offense, is stated with such a degree of certainty as to enable the court to pronounce judgment upon a conviction, according to the right of the case.

§ 8048. Errors of form disregarded. No information or indictment is insufficient, can the trial, judgment or other proceedings thereon be affected by reason of a defect or imperfection in matter of form, which does not tend to the prejudice of the substantial rights of the defendant upon the merits.

§ 8049. What need not be stated. Neither presumptions of law, nor matters of which judicial notice is taken, need be stated in an information or in an indictment.

§ 8050. Pleading judgment. Jurisdictional facts. In pleading a judgment or other determination of, or proceeding before, a court or officer of special jurisdiction it is not necessary to state the facts conferring jurisdiction; but the judgment or determination may be stated to have been duly given or made. The facts constituting jurisdiction, however, must be established on the trial.

§ 8051. Pleading private statute. Title. Day of passage. In pleading a private statute, or a right derived therefrom, it is sufficient to refer to the statute by its title and the day of its passage, and the court must thereupon take judicial notice thereof.

§ 8052. Libel. Extrinsic facts. Sufficient statements. An information or an indictment for libel need not set forth any extrinsic facts for the purpose of showing the application to the party libeled of the defamatory matter on which the information or indictment is founded, but it is sufficient to state generally that the same was published concerning him, and the fact that it was so published must be established on the trial.

§ 8053. Forgery. Instrument destroyed. Misdescription. When the instrument which is the subject of an information or indictment for forgery has been destroyed or withheld by the act or procurement of the defendant, and the fact of the destruction or with holding is alleged in the information or indictment and established on the trial, the misdescription of the instrument is immaterial.

§ 8054. Perjury. Substance. Oath. Authority. Falsity. In an information or indictment for perjury, or subornation of perjury, it is sufficient to set forth the substance of the controversy or matter in respect to which the offense was committed, and in what court or before whom the oath alleged to be false was taken, and that the court or person before whom it was taken had authority to administer it, with proper allegations of the falsity of the matter on which the perjury is assigned; but the information or indictment need not set forth the pleadings, record or proceedings with which the oath is connected, nor the commission or authority of the court or person before whom the perjury was committed.

§ 8055. Larceny. Embezzlement. Sufficient allegations. In an information or indictment for larceny or embezzlement of

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