Page:Revised Codes of the State of North Dakota 1895.pdf/1459

Before Trial. § 8134. Juror absent. Ballot. If a juror is absent when his name is drawn, or is set aside or excused from serving on the trial, the ballot containing his name must be folded and returned to the box as soon as the jury is sworn.

§ 8135. All jurors not appearing. Procedure. When a jury has been duly summoned, if, upon calling the cause for trial, twenty-four of the jurors summoned do not appear, the court may, in its discretion, order the sheriff to summon from the body of the county or subdivision, as many persons as it may think proper, at least sufficient to make twenty-four jurors, from whom a jury for the trial of the cause may be selected.

§ 8136. Names. Ballots. Deposited in box. The names of the persons summoned to complete the jury must be written on distinct pieces of paper, folded each as nearly alike as possible, and so that the name cannot be seen, and must be deposited in the box mentioned in section 8129.

§ 8137. Drawing the jury. The clerk must thereupon, under the direction of the court, publicly draw out of the box so many of the ballots, one after another, as are sufficient to form the jury.

§ 8138. Number of jury. How sworn. The jury consists of twelve men, chosen as prescribed by law, and sworn or affirmed well and truly to try and ? deliverance to make between the state of North Dakota and the defendant whom they shall have in charge, and a true verdict to give according to the evidence, which verdict must be unanimous.

§ 8139. Number failing, others summoned. If a sufficient number cannot be obtained from the box to form a jury, the court may, as often as is necessary, order the sheriff to summon from the body of the county or subtlivision, so many persons qualified to serve as jurors as it deems sufficient to form a jury. The jurors so summoned may be called from the list returned by the sheriff, and so many of them not excused or discharged, as may be necessary to complete the jury, must be impaneled and sworn.

§ 8140. Juror may affirm. Any juror who is conscientiously scrupulous of taking the oath above described, shall be allowed to make affirmation, substituting for the words, “so help you God," at the end of the oath, the following: “This you do affirm under the pains and penalties of perjury."

ARTICLE 8. -- POSTPONEMENT OF THE TRIAL.

§ 8141. Either party may have for cause. When a criminal action is called for trial, or at any time previous thereto, the court may, upon sufficient cause shown by either party, direct the trial to be postponed to another day in the same term or to the next term. Any cause that would be considered a good one for a postponement in a civil action. is sufficient in a criminal action, whether urged by the state or by the defendant.

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