Page:Revised Codes of the State of North Dakota 1895.pdf/1458

§§ 8123-8133 ARTICLE 6.- THE MODE OF TRIAL.

§ 8123. Issue of fact. An issue of fact arises:

1. Upon a plea of not guilty.

2. Upon a plea of former conviction or acquittal of the same offense; or,

3. Upon a plea of once in jeopardy.

§ 8124. How issue of fact tried. Issues of fact must be tried by a jury, unless a trial by a jury is waived in criminal cases not amounting to felony, by the consent of both parties expressed in open court and entered on the minutes.

§ 8125. Presence of defendant. If the information or indictment is for a felony, the defendant must be personally present at the trial; but if it is for a misdemeanor, the trial may be had in the absence of the defendant; if his presence is necessary for any purpose, the court may, upon application of the state's attorney or person appointed to prosecute, by an order or warrant, require the personal attendance of the defendant at the trial.

§ 8126. Time to prepare for trial. After his plea the defendant, if he requests it, is entitled to at least one day to prepare for trial.

ARTICLE 7. -- FORMATION OF THE TRIAL JURY.

§ 8127. Who jurors in criminal actions. The jurors duly drawn and summoned for the trial of civil actions, are also the jurors for the trial of criminal actions.

§ 8128. How trial jury formed. Trial juries for criminal actions may also be formed in the same manner as trial juries in civil actions.

§ 8129. Clerk to prepare ballots. At the opening of the court the clerk must prepare separate ballots, containing the names of the persons returned as jurors, which must be folded as nearly alike as possible, and so that the same cannot be seen, and must deposit them in a sufficient box.

§ 8130. Parties may require names to be called. When the case is called for trial, and before drawing the jury, either party may require the names of all the jurors in the panel to be called, and the court in its discretion may order that an attachment issue against those who are absent; but the court may, in its discretion, wait or not for the return of the attachment.

§ 8131. Manner of drawing jury. Before the name of any juror is drawn, the box must be closed and shaken so as to intermingle the ballots therein. The clerk must then, without looking at the ballots, draw them from the box.

§ 8132. Disposition of ballots. When the jury is completed, the ballots containing the names of the jurors sworn must be laid aside and kept apart from the ballots containing the names of the other jurors, until the jury so sworn is discharged.

§ 8133. Same. Jury discharged. After the jury are so discharged, the ballots containing their names must be again folded and returned to the box, and so on, as often as a trial is had.

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