Page:Revised Codes of the State of North Dakota 1895.pdf/1448

§§ 8036-8061 money, bank notes, certificates of stock or valuable securities, or for a conspiracy to cheat and defraud a person of any such property, it is sufficient to allege the larceny or embezzlement, or the conspiracy to cheat and defraud, to be of money, bank notes, certificates of stock or valuable securities, without specifying the coin, number, denomination or kind thereof.

§ 8066. Obscene literature. Sufficient allegations. An information or indictment for exhibiting, publishing, passing, selling or offering to sell, or having in possession with such intent, any lewd or obscene book, pamphlet, picture, print, card, paper or writing, need not set forth any portion of the language used or figures shown upon such book, pamphlet, picture, print, card, paper or writing, but it is sufficient to state generally the fact of the lewdness or obscenity thereof.

§ 8057. Personal property. Several owners. Sufficient allegations. When an offense is committed upon, or in relation to, any personal property belonging to several partners or owners, the information or indictment for such offense is sufficient, if it alleges such property to belong to any one or more of such partners or owners without naming them all.

§ 8058. Several defendants. Convicted. Acquitted. Upon an information or indictment against several defendants, any one or more may be convicted or acquitted.

§ 8069. Accessories. Principals. Certain distinctions abrogated. The distinction between an accessory before the fact and a principal, and between principals in the first and second degree, in cases of felony, is abrogated; and all persons concerned in the commission of a felony, whether they directly commit the act constituting the offense, or aid or abet in its commission, though not present, must be prosecuted, tried and punished as principals, and no other facts need be alleged in the information or indictment against such an accessory, than are required in an information or indictment against his principals.

§ 8060. Accessory punished, though principal not An accessory to the commission of a felony may be prosecuted, tried and punished, though the principal felon may be neither prosecuted, tried, and though the principal may have been acquitted.

§ 8061. Compounding felony. Punishment. A person may he prosecuted, tried and convicted, for having, with the knowledge of the commission of a public offense, taken money or property of another, or a gratuity or reward, or an engagement or promise therefor, upon the agreement or understanding, express or implied, to come pound or conceal the offense. or to abstain from a prosecution therefor, or to withhold any evidence thereof, though the person guilty of the original offense has not been prosecuted.

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