Page:Revised Codes of the State of North Dakota 1895.pdf/1466

§§ 8195-8201 nor unless one or more of the acts alleged are proved; but any other overt act, not alleged in the information or indictment may be given in evidence.

§ 8196. Accomplice. Evidence. Corroboration. A conviction cannot be had upon the testimony of an accomplice unless he is corroborated by such other evidence as tends to connect the defendant with the commission of the offense, and the corroboration is not sufficient if it merely shows the commission of the offense, or the circumstances thereof.

§ 8196. Evidence of false pretense. Upon a trial for having, with an intent to cheat or defraud another designedly, by any false pretense, obtained the signature of any person to a written instrument, or having obtained from any person any money. personal property or valuable thing, the defendant cannot be convicted if the false pretense was expressed in language unaccompanied by a false token or writing, unless the pretense, or some note or memorandum thereof, is in writing, either subscribed by, or in the handwriting of the defendant, or unless the pretense is proven by the testimony of two witnesses, or that of one witness and corroborating circumstances. But this section does not apply to a prosecution for falsely representing or personating another, and in such assumed character, marrying or receiving money or property.

§ 8197. Evidence of abortion and seduction. Upon a trial for procuring or attempting to procure an abortion, or aiding or assisting therein, or for inveigling, enticing, or taking away an unmarried female of previous chaste character, under the age of twenty years for the purpose of prostitution, or aiding or assisting therein, or for having, under promise of marriage, seduced and had illicit connection with an unmarried female, under twenty years of age, of previous chaste character, the defendant cannot be convicted upon the testimony of the person injured unless she is corroborated by other evidence.

§ 8198. Mistake in charge. Other proceedings. When it appears, at any time before verdict or judgment that a mistake has been made in charging the proper offense, the defendant must not be discharged, if there appears good cause to detain him in custody; but the court must commit him, or require him to give bail for his appearance to answer to the offense, and may also require the witnesses to give hail for their appearance. The provisions of section 8097 of this code as to the manner and time of prosecution, so far as applicable, shall govern the further proceedings under this section.

§ 8199. Same. Not former acquittal nor once in jeopardy. Upon the trial of an information filed or indictment found, under the provisions of the last section, neither a plea of former acquittal nor of once in jeopardy shall be sustained by the fact of the discharge of the jury on the first information or indictment.

§ 8200. New proceedings. Original charge. If a new information is not filed or a new indictment found within the times limited in section S097 and the sections therein referred to, of this code, the court must again proceed to try the defendant on the original charge.

§ 8201. Want of jurisdiction appearing, jury discharged. The court may direct the jury to be discharged, when it appears that it has not jurisdiction of the offense, or that the facts charged in the

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