Page:1862 Territory of Dakota Session Laws.pdf/215

than two of their body, unless the juror giving the informatian is previously sworn as a witness, in which case, if the evidence shall be deemed sufficient, an indictment may be found thereon, in like manner as upon the evidence of any other witness, who may not be of the jury.

Indictment deemed sufficient, when.Sect. 158. Every indictment or accusation of the grand jury, shall be deemed sufficiently technical and correct, which states the offence in the terms and language of this code, or so plainly that the nature of the offence may be easily understood by the jury. The commencement of the indictment shall be in substance as follows:

Territory of Dakota,
——— county,

$\scriptstyle {\left.{\begin{matrix}\ \\\\\ \ \end{matrix}}\right\}\,}$ ss.

Of the ——— term of the ——— district court, in the year of our Lord, 18——.

The grand jurors, chosen, selected, and sworn in and for the county of ——— in the name and by the authority of the Territory of Dakota, upon their oaths present, &c. [Here insert the offence, the time and place of committing the same, with reasonable certainty.]

When there is variance between indictment and evidence, indictment may be amended, how.Sect. 159. Whenever on the trial of any indictment for any felony or misdemeanor, there shall appear to be any variance between the statement in such indictment and the evidence, offered in the proof thereof, in the name of any county, precinct, city, town, borough, township, town corpoate, or place mentioned or described in any such indictment; or in the name description of any person or persons, or body politic or corporate therein alleged or stated to be the owner or owners of any property, real or personal, which shall form the subject of any offence charged therein; or in the name or description of any person or persons, body politic or corporate, therein stated or alleged to be injured or damaged by the commission of such offence, or in the Christian name or surname or both Christian name and surname, or other description whatsoever of any person or persons whomsoever, therein named or described, or in the ownership of any property named or described, or in the ownership of any property named or described therein, it shall be and may be lawful for the court before which the trial shall be had, if it shall consider such variance not material to the merits of the case,