Page:Revised Codes of the State of North Dakota 1895.pdf/1455

Before Trial. § 8108. Former acquittal or conviction. Once in jeopardy. When the defendant is convicted or acquitted, or has been once placed in jeopardy upon an information or indictment, the conviction, acquittal or jeopardy is a bar to another information or indictment for the offense charged in the former, or for an attempt to commit the same, or for an offense necessarily included therein, of which he might have been convicted under the information or indictment.

§ 8109. Refusal to answer. Procedure. If the defendant refuses to answer the information or indictment by demurrer or plea, a plea of not guilty must be entered.

ARTICLE 5.-REMOVAL OF THE ACTION BEFORE TRIAL.

§ 8110. Action removed. Causes therefor specified. The defendant in a criminal action prosecuted by information, or indictment in any district court of this state, may be awarded a change of the place of trial, upon his petition on oath, or upon the oath of some credible person, setting forth that he has reason to believe and does believe, and the facts upon which such belief is based, that he cannot receive a fair and impartial trial in the county or judicial subdivision where said action is pending, upon any of the following grounds:

1. That the prosecuting witness, or state's attorney, or other person appointed by the court to prosecute, or any person or corporation promoting said prosecution, has an undue influence over the minds of the people of the county or judicial subdivision where the action is pending; or,

2. That the people of the county or judicial subdivision are so prejudiced against the defendant or the offense of which he is accused, that he cannot have a fair and impartial trial; or,

3. That it is impossible to obtain a jury in the county or judicial subdivision that has not formed an opinion, as to the guilt or innocence of the defendant, such as would disqualify them as jurors; or,

4. That any other cause exists in the county or judicial subdivision, where the action is pending, whereby the defendant would probably be deprived of a fair and impartial trial.

§ 8111. Petition. Notice. Time to prepare. The petition must be presented at the first term of the court at which the action can be tried and before the trial is begun, or, if the action has been continued, at any time before the term to which it is continued, upon reasonable notice to the state's attorney or the attorney appointed to prosecute. The court must, upon request of the defendant or his counsel, grant the defendant at least twenty-four hours after he has been arraigned in which to prepare and present such petition.

§ 8112. Court must order. Only one change. The court being satisfied that cause exists therefor, as defined in section 8110, must order a change of the place of trial to some county or judicial subdivision where the cause complained of does not exist. But the defendant shall be entitled to only one change of the place of trial.

§ 8113. Duty of clerk. The order of removal must be entered upon the minutes, and the clerk must thereupon make out and transmit to the court to which the action is removed, a certified copy of the order of removal and of the records, pleadings and proceedings in

1421