Page:Revised Codes of the State of North Dakota 1895.pdf/1461

Before Judgment. § 8153. Challenge allowed. Jury discharged. If upon an exception to the challenge, or a denial of the facts, the challenge is allowed, the court must discharge the jury, and another jury can he summoned for the same term forth with from the body of the county; or, the judge may order a jury to be drawn and summoned in the regular manner. If it is disallowed, the court must direct the jury to be impaneled.

§ 8154. Challenge of individual juror. Before a juror is called, the defendant must be informed by the court, or under its direction, that if he intends to challenge an individual juror, he must do so when the juror appears, and before he is sworn.

§ 8155. Nature of challenge. A challenge to an individual juror is either:

1. Peremptory; or,

2. For cause.

§ 8156. Taken before sworn. It must be taken when the juror appears, and before he is sworn; but the court may, for good cause, permit it to be taken after the juror is sworn, and before the jury is completed.

§ 8157. Peremptory challenge. A peremptory challenge can be taken by either party, and may be oral. It is an objection to a juror for which no reason need be given, but upon which the court must exclude him.

§ 8158. Defendant's challenges. In all criminal cases the defendant is entitled to the following challenges:

1. For capital offenses the defendant may challenge peremptorily twenty-five jurors.

2. In prosecutions for offenses punishable by imprisonment in the penitentiary, fifteen jurors.

3. In other prosecutions, ten jurors.

§ 8169. Prosecution. Challenges. The prosecuting attorney in capital cases may challenge peremptorily six jurors; in other cases, three jurors.

§ 8160. Challenge for cause. A challenge for cause may be taken either by the state or the defendant.

§ 8161. For cause classed. It is an objection to a particular juror, and is either:

1. General, that the juror is disqualified from serving in any case or trial; or,

2. Particular, that he is disqualified from serving in the case on trial.

§ 8162. General causes of challenge specified. General causes of challenges are:

1. A conviction for felony.

2. A want of any of the qualifications prescribed by law, to render a person a competent juror, including a want of knowledge of the English language as used in the courts.

3. Unsoundness of mind, or such defect in the faculties of the mind or organs of the body as renders him incapable of performing the duties of a juror.

§ 8163. Particular causes of challenge specified. Particular canses of challenge are of two kinds:

1. For such a bias as when the existence of the facts is ascertained, in judgment of law disqualifies the juror, and which is known in this code as implied bias. 1427