Page:1862-63 Territory of Dakota Session Laws.pdf/157

Section 1. A defendant in a criminal action, is presumed to be innocent, until the contrary be proved; and in case of a reasonable doubt whether his guilt is satisfactorily shown, he is entitled to be acquitted.

Sec. 2. When it appears that the defendant has committed a public offense, and there is reasonable ground of doubt, in which of two or more degrees he is guilty, he can be convicted of the lowest of these degrees only.

Sec. 3. When two or more defendants are jointly indicted for a felony, any defendant requiring it, must be tried separately; in other cases defendants jointly indicted, may be tried separately, or jointly in the discretion of the court.

Sec. 4. When two or more persons are included in the same indictment, the court may at any time before the defendant has gone into his defense, on the application of the district attorney, direct any defendant to be discharged from the indictment, that he may be a witness for the United States.

Sec. 5. When two or more persons are included in the same indictment, and the court is of opinion, that in regard to a particular defendant there is not sufficient evidence to put him on his defense, it must order him to be discharged from the indictment, before the evidence is closed, that he may be a witness for his co-defendant; the order is an acquittal of the defendant discharged, and a bar to another prosecution for the same offense.

Sec. 6. A confession of a defendant, whether made in the course of judicial proceedings, or to a private person, cannot be given in evidence against him, when made under the influence of fear, produced by threats, nor is it sufficient to warrant his conviction, without proof that the offense charged has been committed.

See. 7. Proof of actual penetration into the body is sufficient to sustain an indictment for rape, or for the crime against nature.