Page:Revised Codes of the State of North Dakota 1895.pdf/1463

Before Judgment. § 8170. Other witnesses. Rules of evidence. Other witnesses may also be examined on either side, and the rules of evidence applicable to the trial of other issues govern the admission or exclusion of testimony, on the trial of the challenge.

§ 8171. Court must allow or disallow challenge. On the trial of a challenge, the court must either allow or disallow the challenge, and direct an entry accordingly upon the minutes.

§ 8172. Order of taking challenge. All challenges to an individual jurur, except peremptory, must be taken, tirst by the defendant, and then by the state, and each party must exhaust all his challenges before the other begins.

§ 8173. Order of challenges for cause. The challenges of either party for cause need not all be taken at once, but they must be taken separately, in the following order, including in each challenge all the causes of challenge belonging to the same class:

1. To the panel.

2. To an individual juror for a general disqualification.

3. To an individual juror for implied bias.

4. To an individual juror for actual bias.

§ 8174. Peremptory challenges. If all challenges on both sides are disallowed. either party, first the state and then the defendant, may take a peremptory challenge, unless the party's peremptory challenges are exhausted.

ARTICLE 2. --THE TRIAL.

§ 8175. Order of trial. The jury having been impaneled and sworn. the trial must proceed in the following order:

1. If the information or indictment is for a felony, the clerk or state's attorney must read it, and state the plea of the defendant to the jury. In all other cases this formality may be dispensed with.

2. The state's attorney or other counsel for the state, must open the case and offer the evidence in support of the information or indictment.

3. The defendant or his counsel may then open his defense, and offer his evidence in support thereof.

4. The parties may then, respectively offer rebutting testimony only, unless the court, for good reason, in furtherance of justice, or to correct an evident oversight, permits them to offer evidence upon their original case.

5. When the evidence is concluded, unless the case is submitted to the jury on either side, or on both sides, without argument, the counsel for the state shall commence, and the defendant or his counsel shall follow: then the counsel for the state shall conclude the argument to the jury.

6. The judge must then charge the jury.

§ 8176. Charging the jury. Procedure. In charging the jury, the court shall only instruct as to the law of the case, and all instructions must first be reduced to writing, unless by consent of hoth parties entered in the minutes, the instructions are given orally And taken down by the stenographer of the court, in shorthand. Either party may request instructions to the jury. Each instruction so requested must be written on a separate sheet of paper, and may be given or refused by the court, and the court shall write on the margin of such requested instructions which he does not give the

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