Page:Revised Codes of the State of North Dakota 1895.pdf/1449

Before Trial. CHAPTER 9.

PLEADINGS AND PROCEEDINGS AFTER INFORMATION OR INDICTMENT AND BEFORE THE COMMENCEMENT OF THE TRIAL.

ARTICLE 1.- ARRAIGNMENT OF THE DEFENDANT.

§ 8062. When and where defendant arraigned. When the information or indictment is filed, the defendant must be arraigned thereon before the court to which it is presented, if an information; or if an indictment, in which it is found, if triable therein, if not, before the court to which it is removed or transmitted.

§ 8063. Felony, defendant present. Misdemeanor, counsel. If the information or indictment is for a felony the defendant must be personally present, but if a misdemeanor only, his personal appearance is unnecessary, and he may appear upon the arraignment by counsel.

§ 8064. Presence enforced by direction of court. When his personal appearance is necessary, if he is in custody, the court may direct the officer in whose custody he is, to bring him before it to be arraigned, and the officer must do so accordingly.

$ 8065. Same. Warrant of arrest. If the defendant has been discharged on bail, or has deposited money instead thereof, and does not appear to be arraigned, when his personal attendance is necessary, the court, in addition to the forfeiture of the undertaking of bail or of the money deposited, may direct the clerk to issue a bench warrant for his arrest.

§ 8066. Warrant, clerk to issue. The clerk, on the application of the state's attorney, may, accordingly, at any time after the order, whether the court is sitting or not, issue a bench warrant into one or more counties.

§ 8067. Warrant, form. Felony. The bench warrant upon the information or indictment, must, if the offense is a felony, he substantially in the following form:

State of North Dakota,

SS.

County of....

To any sheriff, constable, policeman or marshal in this state:

An information (or indictment as the case may be), having been filed on the........day of .........., 18..., in the district court in and for the county (or judicial subdivision of...... ), charging .. with the crime of... (designating it generally); you are therefore commanded forth with to arrest the above named ..and bring him before that court (or before the court to which the information or indictment may have been removed, naming it), to answer said information (or indictment), or if the court has adjourned for the term, that you deliver him into the custody of the sheriff of the county of......

Given under my hand, with the seal of said court affixed, this ...day of..., 18...

By order of the court.

[Seal.] ..., clerk.

§ 8068. Same. Misdemeanor. Bailable felony. If the offense is a misdemeanor or a bailable felony, the bench warrant must

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