Page:Revised Codes of the State of North Dakota 1895.pdf/1454

§§ 8100-8107 ARTICLE 4.-- Plea.

§ 8100. Pleas classified. There are four kinds of pleas to an information or indictment. A plea of:

1. Guilty.

2. Not guilty

3. A former judgment of conviction or acquittal of the offense charged, which may be pleaded either with or without the plea of not guilty.

4. Once in jeopardy, which may also be pleaded either with or without the plea of not guilty,

§ 8101. Plea to be oral. Form of plea. Every plea must be oral, and must be entered upon the minutes of the court, and in substantially the following form:

1. If the defendant pleads guilty: The defendant pleads that he is guilty of the offense charged in this information (or indictment)."

2. If he pleads not guilty: "The defendant pleads that he is not guilty of the offense charged in this information (or indictment).

3. If he pleads a former conviction or acquittal: The defendant pleads that he has already been convicted (or acquitted, as the case may be), of the offense charged in this information (or indictment), by the judgment of the court of ... .. (naming it), rendered at .... (naming the place), on the ... day of...., 18...

4. If he pleads once in jeopardy: "The defendant pleads that he has been once in jeopardy for the offense charged in this information (or indictment), (specifying the time, place and court)."

§ 8102. Plea of guilty only put in by defendant. Exception. A plea of guilty can in no case be put in, except by the defendant himself, in open court, unless upon an information or indictment against a corporation, in which case it may be put in by counsel.

§ 8103. Plea may be withdrawn. The court may, at any time before judgment, upon a plea of guilty, permit it to be withdrawn, and a plea of not guilty substituted.

§ 8104. Issues on plea of not guilty. The plea of not guilty puts in issue every material allegation in the information or indictment.

§ 8105. Evidence under plea. All matters of fact tending to establish a defense other than those specified in the third and fourth subdivisions of section 8100, may be given in evidence under the plea of not guilty.

§ 8106. Acquittal. Variance. Further prosecution. If the defendant was formerly acquitted on the ground of variance between the information or indictment and the proof, or the information or indictment was dismissed upon an objection to its form or substance, or in order to hold the defendant for a higher offense, without a judgment of acquittal, it is not an acquittal of the same offense.

§ 8107. Acquittai on merits. When however, the defendant was acquitted on the merits, he is deemed acquitted of the same offense, notwithstanding a defect in form or substance in the information or indictment on which he was acquitted.

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