Page:Revised Codes of the State of North Dakota 1895.pdf/1488

§§ 8355-8362 the minutes, and a certified copy of the entry forthwith remitted to the clerk of the district court from which the appeal was taken.

§ 8366. Certificate remitted, district court only has jurisdiction. After the certificate of the judgment has been remitted to the court below, the appellate court has no further jurisdiction of the appeal or of the proceedings therein, and all orders necessary to carry the judgment into effect must be made by the district court to which the certificate is remitted.

§ 8356. Appeal by state. Power of supreme court. If the appeal is taken by the state, the supreme court cannot reverse the judgment or modify it so as to increase the punishment, but may affirm it, and shall point out any errors in the proceedings or in the measure of punishment and its opinion shall be obligatory on the district court as the correct exposition of the law.

§ 8357. Imprisoment. "Reversal. Reimprisoned. Deduction. If a defendant has during the pendancy of an appeal, been imprisoned in the execution of the judgment appealed from, and upon a new trial ordered by the supreme court shall again be convicted, the period of his former imprisonment shall be deducted by the district court from the period of imprisonment to be fixed on the last verdict of conviction.

CHAPTER 14.

WITNESSES AND EVIDENCE.

ARTICLE 1.-COMPELLING THE ATTENDANCE OF WITNESSES.

§ 8358. Subpoena defined. The process by which the attendance of a witness before a court or magistrate is required, is a subpeona.

§ 8359. Magistrate may issue. A magistrate before whom a complaint is laid, or to whom a presentment of a grand jury is sent, may issue subpænas, subscribed by him, for witnesses within the state, either on behalf of the state or the defendant.

§ 8360. State's attorney, for grand jury. The state's attorney may issue subpoenas, subscribed by him, for witnesses within the state, in support of the prosecution, or for such other witnesses as the grand jury may direct, to appear before the grand jury upon an investigation before them.

§ 8361. Same. Attendance upon trial. The state's attorney may in like manner issue subpoenas for witnesses within the state, in support of an information or an indictment, to appear before the court at which it is to be tried.

§ 8362. Clerk issue blanks for defendant. The clerk of the court at which a criminal action is to be tried, must, at all times, upon the application of the defendant, and without charge, issue as many blank subpoenas, under the seal of the court and subscribed by him as clerk, for witnesses within the state, as may be required by the defendant.

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