Page:Revised Codes of the State of North Dakota 1895.pdf/1479

Judgment and Execution. CHAPTER 12.

JUDGMENT AND EXECUTION.

ARTICLE 1.- THE JUDGMENT.

§ 8278. After conviction, judgment. Time. After a plea or verdict of guilty, or after a verdict against the defendant on a plea of former conviction or acquittal or once in jeopardy, if the judgment is not arrested or a new trial granted, the court must appoint a time for pronouncing judgment.

§ 8279. Time specified. The time appointed must be at least two days after the verdict, if the court intends to remain in session so long; or if not, at as remote a time as can reasonably be allowed.

§ 8280. Defendant's presence. Felony. Misdemeanor. For the purpose of judgment, if the conviction is for a felony, the defendant must be personally present; if for a misdemeanor, judgment may be pronounced in his absence.

§ 8281. Officer to produce defendant. When the defendant is in custody, the court may direct the officer in whose custody he is to bring him before it for judgment, and the officer must do so accordingly.

§ 8282. Bench warrant. If the defendant has been discharged on bail, or has deposited money instead thereof, and does not appear for judgment when his personal attendance is necessary, the court, in addition to the forfeiture of the undertaking of bail or of money deposited, may direct the clerk to issue a bench warrant for his arrest.

§ 8283. Same. Duty of clerk. The clerk, on the application of the state's attorney, may, accordingly, at any time after the order, whether the court is sitting or not, issue a bench warrant into one or more counties.

§ 8284. Form of bench warrant. The bench warrant must he substantially in the following form:

State of North Dakota,

ss.

County of ...

To any sheriff, constable, marshal or policeman in this state:

A. B., having been, on the .... day of .... A. D. 18 ...., duly convicted in the district court of the county of ........ of the crime of (designating it generally), you are therefor commanded forth with to arrest the above named A. B. and bring him before that court for judgment, or if the court has adjourned for the terin, you are to deliver him into the custody of the sheriff of the county of .. (as the case may be).

Given under my hand, with the seal of said court affixed, this .... day of ...., A. D. 18...

By order of the court.

[Seal.] ....., clerk.

§ 8285. Where and how served. The bench warrant may be served in any county of the state, and in the same manner as a warrant of arrest.

§ 8286. Disposal of defendant on arrest. Whether the bench warrant is served in the county in which it was issued or in 1445