Page:Revised Codes of the State of North Dakota 1895.pdf/1465

Before Judgment. the court may, in its discretion, restrict the argument to one counsel on each side.

§ 8185. Presumption of innocence. Reasonable doubt. A defendant in a criminal action is presumed to be innocent until the contrary is proved, and in case of a reasonable doubt as to whether his guilt is satisfactorily shown, he is entitled to be acquitted.

§ 8186. Doubt as to degree. When it appears that a defendant has committed a public offense and there is reasonable ground of doubt in which of two or more degrees he is guilty, he can be convicted of the lowest of such degrees only.

§ 8187. Defendants tried separately. When two or more defendants are jointly charged with a felony in a criminal action, any defendant requiring it must be tried separately. In other cases defendants jointly prosecuted may be tried separately or jointly, in the discretion of the court.

§ 8188. Defendant discharged to testify. When two or more persons are included in the same information or indictment, the court may, at any time before the defendants have gone into their defense, on the application of the state's attorney, direct any defendant to be discharged from the information or indictment, that he may be a witness for the state.

§ 8189. Same. Witness for codefendant. When two or $ 353, C. Cr. P. more persons are included in the same information or indictment, and the court is of the opinion that in regard to a particular defendant there is not sufficient evidence to put him on his defense, it must order him to be discharged before the evidence is closed, that lie may be a witness for his codefendant.

§ 8190. Such discharge an acquittal. The discharge of a defendant under either of the last two sections is an acquittal of the offense charged in the information or indictment or any offense for which he might have been found guilty thereunder, and is a bar to another prosecution therefor.

§ 8191. Defendant witness in own behalf. In the trial of a criminal action or proceeding before any court or magistrate of this state, whether prosecuted by information, indictment, complaint or otherwise, the defendant shall, at his own request and not otherwise, be deemed a competent witness; but his neglect or refusal to testify shall not create or raise any presumption of guilt against him; nor shall such neglect or refusal be referred to by any attorney prosecuting the case, or considered by the court or jury before whom the trial takes place.

§ 8192. Rules of evidence. The rules of evidence in civil cases are applicable also to criminal cases, except as otherwise provided in this code.

§ 8193. Treason. Witnesses. Overt acts. Upon for treason the defendant cannot be convicted unless upon the testimony of two witnesses to the same overt act, or upon his confession in open court; nor can evidence be admitted of an overt act not expressly charged in the information or indictment; nor can the defendant be convicted unless one or more overt acts are expressly charged therein.

§ 8194. Conspiracy. Overts acts. Proof. Upon a trial for conspiracy, in a case where an overt act is necessary to constitute the offense, the defendant cannot be convicted unless one or more overt acts are expressly alleged in the information or indictment,

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