Page:Revised Codes of the State of North Dakota 1895.pdf/1482

§§ 8303-8312 § 8303. Authority while conveying defendant. The sheriff or his deputy, while conveying the defendant to the proper prison, in execution of a judgment of imprisonment, has the same authority to require the assistance of any citizen of this state, in securing the defendant, and in retaking him if he escapes, as if the sheriff was in his own county; and every person who refuses or neglects to assist the sheriff, when so required, is punishable as if the sheriff was in his own county.

§ 8304. Imprisonment in penitentiary is at hard labor. In all cases when by law a person is sentenced to imprisonment in the penitentiary, it shall be at hard labor, whether so designated by the jury or court or not.

§ 8305. Judgment of death. Warrant to execute. When judgment of death rendered, the judge must sign and deliver to the sheriff of the county, a warrant duly attested by the clerk under the seal of the court, stating the conviction and judgment, and appointing a day on which the judgment is to be executed, which must not be less than three months after the day in which the judgment is entered, and not longer than six months thereafter.

§ 8306. Statement and evidence sent governor. The judge of a court at which a conviction requiring judgment of death is had. must, immediately after the conviction, transmit to the governor, by mail or otherwise, a statement of the conviction and judgment, and of the testimony given at the trial.

§ 8307. Governor. Judges of supreme court. The governor may thereupon require the opinion of the judges of the supreme court or any of them, upon the statement so furnished.

§ 8308. Governor only can reprieve. No judge, court or officer other than the governor can reprieve or suspend the execution of a judgment of death, except the sheriff, in the cases provided in the next seven sections, unless an appeal is taken.

§ 8309. If defendant becomes insane. If, after judgment of death, there is good reason to suppose that the defendant has become insane, the sheriff of the county or subdivision, with the concurrence of the judge of the court by which the judgment was rendered, may summon from the list of jurors selected, or to be selected forth with by the county commissioners, a jury of twelve persons to inquire into the supposed insanity, and must give immediate notice thereof to the state's attorney.

§ 8310. Inquisition to try insanity. The state's attorney must attend the inquisition, and may produce witnesses before the jury, for which purpose he may issue process in the same manner as for witnesses to attend before the grand jury, and disobedience thereto may be punished in like manner as disobedience to process issued by the court.

§ 8311. Return of inquisition. A certificate of the inquisition must be signed by the jurors and the sheriff, and filed with the clerk of the court in which the conviction was had.

§ 8312. Duty of sheriff on such return. If it is found by the inquisition that defendant is sane, the sheriff execute the judgment; but if it is found that he is insane, the sheriff must suspend the execution of the judgment until he receives a warrant from the governor or from the judge of the court by which the judgment was rendered, directing the execution of the judgment.

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