Page:Revised Codes of the State of North Dakota 1895.pdf/1483

Judgment and Execution. § 8313. Same. Defendant found insane. If the inquisition finds that the defendant is insane, the sheriff must immediately transmit to the governor, who may, when the defendant becomes sane, issue a warrant appointing a day for the execution of the judgment.

§ 8314. Female defendant pregnant. Inquisition. When there is good reason to suppose that a female against whom judgment of death is rendered, is pregnant, the sheriff of the county or subdivision, with the concurrence of the judge of the court by which the judgment was rendered, may summon a jury of three physicians of the state to inquire into the supposed pregnancy. Immediate notice thereof must be given to the state's attorney. The provisions of sections 8312 and 8313 apply to the proceedings upon the inquisition.

§ 8315. Duty of sheriff on the return. If it is found by the inquisition that the female is not pregnant, the sheriff must execute the judgment. If, however, it is found that she is pregnant, the sheriff must suspend the execution of the judgment, and transmit the inquisition to the governor.

§ 8316. Governor may issue warrant. When the governor is satisfied that the female is no longer pregnant, he may issue his warrant appointing a day for the execution of the judgment.

§ 8317. Duty of court when judgment not executed. If, for any reason, a judgment of death has not been executed, and it remains in force, the court in which the conviction was had, on the application of the state's attorney, must order the defendant to be brought before it, or, if he is at large, a warrant for his apprehension may be issued.

§ 8318. Same. New time fixed. Upon the defendant being bright before the court, it must inquire into the facts, and if no legal reason exists against the execution of the judgment, must make an order that the sheriff of the proper county execute the judgment at a specified time. The sheriff must execute the judgment accordingly.

§ 8319. How punishment of death inflicted. The punishment of death must be inflicted by hanging the defendant by the neck until he is dead.

§ 8320. In what jail defendant kept. When there is no jail within the county, or whenever the officer having in charge any person under judgment of death, deems the jail of the county where the conviction was had, insecure, unfit or unsafe for any cause, such officer may confine such person in the jail of any other convenient county of the state, and the jailer of any such convenient county shall receive and keep such person in the same manner as if he had been delivered to him by an officer of his own county; and the county in which said person was convicted shall pay all expenses of keeping and maintaining him in said jail.

§ 8321. Where judgment of death executed. A judgment of death must be executed within the walls or yard of the jail of the county in which the conviction was had, or within some convenient inclosure within said county.

§ 8322. Execution. Who must or who may be present. A judgment death must be executed by sheriff of the county where the conviction was had, or by his deputy, one of whom at least must be present at the execution. The said sheriff or deputy sheriff must invite the presence, by at least three days' notice, of the state's attorney of the county together with one physician and twelve repu.

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