Page:Revised Codes of the State of North Dakota 1895.pdf/1480

§§ 8287-8291 another county, the officer must arrest the defendant and bring him before the court, or commit him to the officer mentioned in the warrant, according to the command thereof.

§ 8287. Defendant informed of rights. When the defendant appears for judgment, he must be informed by the court, or by the clerk under its direction, of the nature of the charge against him, and of his plea, and the verdict, if any thereon, and must be asked whether he has any legal cause to show why judgment should not be pronounced against him.

§ 8288. Defendant may show cause against judgment. He may show for cause against the judgment:

1. That he is insane; and if, in the opinion of the court, there is reasonable ground for believing him to be insane, the question of his insanity must be tried as hereinafter in this code provided for. If upon the trial of that question the jury find that he is sane, judgment must be pronounced, but if they find him insane he may be committed to the state hospital for the insane, until he becomes sane, or is otherwise committed according to law, and when notice is given of the fact, as hereinafter provided for, he must be brought before the court for judgment.

2. That he has good cause to offer, either in arrest of judgment or for a new trial, in which case the court may, in its discretion, order the judgment to be deferred, and proceed to decide upon the motion in arrest of judgment, or for a new trial.

§ 8289. Judgment rendered. If no sufficient cause is alleged or appears to the court why judgment should not be pronounced, it must thereupon be rendered.

§ 8290. Court to hear evidence. Degree of crime. Upon a plea of guilty of a crime distinguished or divided into degrees. Tje court must, if said plea is accepted and the defendant does not designate in his plea the degree thereof, before passing sentence, determine the degree, and the provisions, so far as applicable. of section 8292 and of 8293 of this code shall govern in said determination.

§ 8291. Same. Aggravation. Mitigation. After a plea or verdict of guilty, in a case when a discretion is conferred upon the court as to the extent of the punishment, the court, upon the suggestion of either party that there are circumstances which may be properly taken into view, either in aggravation or mitigation of the punishment, may, in its discretion, hear the same summarily at a specified time, and upon such notice to the adverse party as it may direct.

§ 8292. How evidence presented. The circumstances must be presented by the testimony of witnesses examined in open court, except that when witness is so sick or infirm as to be unable to attend, his deposition may be taken by a magistrate of the county out of court, at a specified time and place, upon such notice to the adverse party as the court may direct.

§ 8293. Other evidence prohibited. No affidavit or testimony, or representation of any kind, verbal or written, can be offered to be received by the court or member thereof in aggravation or mitigation of the punishment, except as provided in the last two sections.

§ 8294. Successive terms of imprisonment. If the defendant has been convicted of two or more offenses, before judgment on either, the judgment may be that the imprisonment upon any one may commence at the expiration of the imprisonment upon any other of the offenses.

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