Page:Revised Codes of the State of North Dakota 1895.pdf/1487

Appeals. ARTICLE 3. - ARGUMENT OF THE APPEAL.

§ 8344. Appeal stands for argument at first term. An appeal in a criminal action shall stand for argument at the first term after the record is filed, unless for good cause shown the hearing is postponed to a subsequent term, but the parties or their attorneys may by stipulation fix an earlier day for the hearing with the approval of the supreme court.

§ 8345. When judgment must be affirmed. Reversal. The judgment may be affirmed if the appellant fails to appear, but may be reversed only after argument, though the respondent fails to Appear.

§ 8346. Number of counsel heard. Upon the argument of the appeal if the offense is punishable with death, three counsel upon each side must be heard if they require it. In any other case, the court may, in its discretion, restrict the argument to one counsel on each side.

§ 8347. Defendant need not appear in supreme court. The personal appearance of the defendant in the supreme court on the hearing of an appeal, is in no case necessary.

ARTICLE 1. - JUDGMENT IX SUPREME COURT.

§ 8348. Technical errors to be disregarded. After hearing the appeal, the court must give judgment without regard to technical errors or defects or exceptions which do not affect the substantial rights of the parties.

§ 8349. Court may review intermediate orders. Upon an appeal taken by the defendant from a judgment, the court may review any intermediate order or ruling involving the merits, or which may have affected the judgment adversely to the defendant.

§ 8350. Power of supreme court on appeal. The supreme court may reverse, affirm or modify the judgment or order appealed from, and may set aside, affirm or modify any or all the proceedings subsequent to, or dependent upon such judgment or order, and may if proper, order a new trial. In either case the action must be remanded to the district court with proper instructions, together with the opinion of the court.

§ 8361. New trial ordered, where had. When a new trial is ordered it must be had in the district court of the county from which the appeal was taken, or in some other county, or as directed by the supreme court.

§ 8352. Judgment reversed. When defendant discharged. If a judgment against the defendant is reversed without ordering a new trial, the supreme court must direct, if he is in custody, that he be discharged therefrom, or if on bail, that his bail be exonerated, or if money was deposited instead of bail, that it be refunded to the defendant.

§ 8353. Judgment afirmed, must be enforced. If a judgment against the defendant is affirmed, the original judgment must be enforced.

§ 8364. Judgment of court entered. Certificate. When the judgment of the supreme court is given, it must be entered in

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