Page:Revised Codes of the State of North Dakota 1895.pdf/1474

§§ 8255-8260 money is deposited instead of bail, it must be refunded to the defendant.

§ 8256. When defense insanity, and jury acquits. If the defense is the insanity of the defendant, the jury must be instructed, if they acquit him on that ground, to state the fact with their verdict. The court may thereupon, if the defendant is in custody, and it deems his discharge dangerous to the public peace or safety, order him to be committed to the care of the sheriff until he becomes sane.

CHAPTER 11.

PROCEEDINGS AFTER VERDICT AND BEFORE JUDGMENT.

ARTICLE 1.-STATEMENT OF THE CASE AND EXCEPTIONS.

§ 8256. Statement of the case defined. A statement of the case is a statement, in writing setting forth or showing particularly. one or more of the rulings, decisions or acts excepted to in an action or proceeding, together with the facts and circumstances of the ruling decision or act and the exception thereto, and settled, certified and filed as provided in this article.

§ 8267. Same. Office of. The office of a statement of the case is to make such parts of the proceedings or of the evidence in an action, appear of record as otherwise would not so appear.

§ 8258. Same. By whom settled. Where filed. Except as otherwise provided in this chapter, a statement containing the exceptions must be settled and certified by the judge who presided at the trial, and filed with the clerk of the district court of the county in which the action was tried.

§ 8259. Matters deemed excepted to by either party. The decision of the court, in a criminal action or proceeding upon a matter of law is deemed excepted to by either party in the following cases:

1. In granting or refusing a motion to set aside an information or indictment.

2. In allowing or disallowing a demurrer to an information or indictment.

3. In granting or refusing a motion in arrest of judgment.

4. In granting or refusing a motion for a new trial.

5. In making or refusing to make an order after judgment affecting any substantial right of the parties.

§ 8260. Matters deemed excepted to by the defendant. The decision of the court in a criminal action or proceeding upon matter of law is deemed excepted to by the defendant in the following cases:

1. In refusing to grant a motion for a change of the place of trial.

2. In refusing to postpone the trial on motion of the defendant.

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