Page:Revised Codes of the State of North Dakota 1895.pdf/1467

Before Judgment. information or indictment do not constitute an offense punishable by law.

§ 8202. Disposition of accused. If the jury is discharged because the court has not jurisdiction of the offense charged, and it appears that it was committed out of the jurisdiction of this state, the defendant must be discharged, unless the court orders that he be detained for a reasonable time, to be specified in the order, to enable the state's attorney to communicate with the chief executive officer of the country, state, territory or district where the offense was committed.

§ 8203. Same. Bail. If the offense was committed within the jurisdiction of another count of this state, the court may direct the defendant to be committed for such time as it deems reasonable to await a warrant from the proper county for his arrest, or if the offense is a misdemeanor only, it may admit him to bail in an undertaking, with sufficient sureties, that he will, within such time as the court may appoint, render himself amenable to a warrant for his arrest from the proper county, and if not sooner arrested thereon, will attend at the office of the sheriff of the county where the trial was had, at a time particularly specified in the undertaking to surrender himself upon the warrant if issued, or that his bail will forfeit such sum as the court may fix, and to be mentioned in the undertaking.

§ 8204. Clerk. Papers. Certified copies sent to proper county. In the cases provided for in the last section, the clerk must forth with transmit a certified copy of the information or indictment and of all the papers filed in the action, to the proper county, the expense of which transmission is chargeable to that county.

§ 8205. When accused discharged. If the defendant is not arrested on a warrant from the proper county, he must be discharged from custody, or his bail in the action be exonerated, or money deposited instead of bail refunded, as the case may be, and the sureties in the undertaking, as mentioned in section 8203 must be discharged.

§ 8206. Proceedings if accused arrested. If he is arrested, the same proceedings must be had thereon as upon the arrest of a defendant in another county, on a warrant of arrest issued by a magistrate.

§ 8207. Court must discharge accused. Exception. If the jury is discharged because the facts as charged do not constitute an offense punishable by law, the court must order that the defendant, if in custody, be discharged therefrom, or if admitted to bail that his bail be exonerated, or if he has deposited money instead of bail, that the money deposited be refunded to him, unless in its opinion a new information or indictment can be framed, upon which the defendant can be legally convicted, in which case it may direct the state's attorney to file a new information, or (if an information cannot be sooner legally filed) direct that the case be submitted to the same or another grand jury; and the provisions of sections 8087 or 8097 of this code, so far as applicable, as to the time and manner of the prosecution, shall govern the further proceedings under this section. § 8208. Court may advise jury to acquit. If, at any time after the evidence on either side is closed, the court deems it insufficient to warrant a conviction, it may advise the jury to acquit the

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