Page:1862-63 Territory of Dakota Session Laws.pdf/150

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CRIMINAL CODE.
141

fendant (or defendants, as the case may be) according to evidence, so help you God." In capital cases, the following oath shall be administered to the jarors, “You shall well and truly try, and truo deliverance make, between the United States and the prisoner at the bar, whom you shall have in charge, according to evidence, so help you God."

Sec. 40. Any juror who is conscientiously scrupulous of taking either of the oaths above described, shall be allowed to make affirmation, substituting the words, “This you do under the pains and penaltics of perjury," instead of the words, “so help you God.”

Sec. 41. No person indicted for a felony shall be tried unless personally present during the trial; persons indicted for smaller offenses, may, at their own request, by leave of the court, be put on trial in their absence, and may appear by an attorney duly authorized for that purpose.

Sec. 42. The court may order a view by any jury impanneled to try a criminal case.

Sec. 43. Whenever any person indicted for a felony, shall on trial be acquitted, by verdict, of part of the offense charged in the indictment, and convicted of the residue thereof, such verdict may be received and recorded by the court, and thereupon the person charged, shall be adjudged guilty of the offense, if any, which shall appear to the court to be substantially charged by the residue of such indictment, and shall be sentenced and punished accordingly.

Sec. 44. In all case3.of indictment in the district court, for assault with intent to commit any felony, it may be lawful for the jury, in case they do not find the felonious intent charged, to convict of the assault; and the court shall have power to sentence the person so convicted, to be punished by imprisonment in the jail of the county, for a term not exceeding one year, or by fine not exceeding five hundred dollars.

Sec. 45. When any person indicted for an offense, shall on trial be acquitted by the jury by reason of insanity, the jury, in giving their verdict of not guilty, shall state that it was given for such cause; an:l thereupon, if the discharge, or going at large of such insane person shall be considered by the court manifestly dangerous to the peace and safety of the community,
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