of his duty, in which case it shall be stated, at the end of the indictment, how the same is found, and then no prosecutor shall be required; but in cases where a prosecutor is indorsed on the indictment, and the defendant shall be acquitted on trial, the petit jury acquitting each defendant, shall find, in addition to the verdict of "not guilty," whether the prosecutor had acted maliciously by instructing the prosecution or not; and whenever the petit jury shall return with a verdict of "not guilty," that the prosecutor had acted maliciously in the premises, the court shall enter judgment for costs against the prosecutor, including a fee of three dollars to the district attorney, and award execution for the same, as is done in civil cases: Proviso.Provided, That nothing herein contained shall render the prosecutor incompetent to be a witness, either before a grand or petit jury.
Persons charges with certain crimes furnished with copy of indictment and list of witnesses.Sect. 179. Every person charged with treason, murder, or other felonious crime or misdemeanor, shall be furnished previous to his trial, with a copy of the indictment, and a list of the witnesses, at his or her request, or the request of his or her counsel.
Arraignment and plea of prisoner, if not inserted in minutes.Sect. 180. Upon the arraignment of a prisoner, it shall be sufficient, without complying with any other form, to declare, orally, by himself or herself, or his or her counsel, that he or she is not guilty; which declaration or plea shall be immediately entered upon the minutes of the court by the clerk, and the mention of the arraignment and such plea shall constitute the issue between the Territory of Dakota and the prisoner; and if the clerk should neglect to insert in the minutes the arraignment and plea, it may and shall be done at any time by order of the court, and then the error or defect shall be cured.
If party indicted stand mute, or refuse to plead.Sect. 181. In all cases where the party indicted shall, on being arraigned, obstinately stand mute or refuse to plead, standing mute or refusing to plead, shall be adjudged and taken to be a denial of the facts charged in the indictment, and the court shall order the plea of "not guilty" to be entered on the minutes, and the trial, judgment, and execution shall proceed in the same manner as it would have done if the party had pleaded "not guilty."
If party pleads guilty.Sect. 182. In all cases where the party indicted shall plead "guilty," such plea shall not be entered until the court