Page:Revised Codes of the State of North Dakota 1895.pdf/1460

§§ 8142-8152 CHAPTER 10.

PROCEEDINGS AFTER THE COMMENCEMENT OF THE TRIAL AND BEFORE JUDGMENT.

ARTICLE 1. - CHALLENGING THE JURy.

§ 310, C. Cr. P. $ 8142. Challenges classed. A challenge is an objection made to the trial jurors and is of two kinds:

1. To the panel.

2. To an individual juror.

§ 8143. When several defendants must join. When several defendants are tried together they cannot sever their challenges, but must join therein.

§ 8144. Panel defined. The panel is a list of jurors returned by a sheriff, to serve at a particular court, or for the trial of a particular action.

§ 8145. Challenge to panel. A challenge to the panel is an objection made to all the trial jurors returned, and may be taken by either party.

§ 8146. Causes for. A challenge to the panel can be founded only on a material departure from the forms prescribed by law, in respect to the drawing and return of the jury, or on the intentional omission of the sheriff to summon one or more of the jurors drawn.

§ 8147. When taken. A challenge to the panel must be taken before a juror is sworn, and must be in writing, specifying plainly and distinctly the facts constituting the ground of challenge.

§ 8148. Sufficiency of facts controverted. Procedure. If the sufficiency of the facts alleged as a ground of challenge is controverted by the adverse party, he may except to the challenge. The exception need not be in writing, but must be entered upon the minutes of the court, and thereupon the court must proceed to try the sufficiency of the challenge, assuming the facts therein alleged to be true.

§ 8149. Facts denied, procedure. If, on the exception, the court deems the challenge sufficient, it may, if justice requires it, permit the party excepting to withdraw his exception, and to deny the facts alleged in the challenge. If the exception is allowed, the court may, in like manner, permit an amendment of the challenge.

§ 8150. Trial of question of fact. If the facts alleged as the grounds of the challenge are denied, the denial may, in like manner, be oral and must be entered upon the minutes of the court, and the court must proceed to try the question of fact.

§ 8151. Officers may be examined. Upon the trial of the challenge, the officers, whether judicial or ministerial, whose irregularity is complained of, as well as any other persons, may be examined to prove or disprove the facts alleged as the ground of the challenge.

§ 8152. Challenge taken for officer's bias. When the panel is formed from persons whose names are not drawn as jurors, a challenge may be taken to the panel on account of any bias of the officer who summoned them, which would be good ground of challenge to a juror. Such challenge must be made in the same form, and determined in the same manner as if made to a juror. 1126