Page:1887 Compiled Laws of Dakota Territory.pdf/1087

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Falsifying Evidence.
PENAL CODE.
§§ 6362-6369

before grand jury, and upon the trial, in case an indictment is found for such perjury, and shall also cause immediate notice of such commitment or recognizance, with the names of the witnesses so bound over, to be given to the district attorney of the county.

Documents may be retained.
s. 162, Pen. C.

§ 6362. If, upon the hearing of such action or proceeding in which such perjury has probably been committed, any papers or documents produced by either party shall be deemed necessary to be used on the prosecution for such perjury, the court may by order detain such papers or documents from the party producing them, and direct them to be delivered to the district attorney.

Subordination of perjury defined.
s. 163, Pen. C.

§ 6363. Every person who wilfully procures another person to commit any perjury, is guilty of subornation of perjury.

Punishment of subornation of perjury.
s. 164, Pen. C.

§ 6364. Every person guilty of subornation of perjury is punishable in the same manner as he would be if personally guilty of the perjury so procured.

Person convicted of perjury incompetent as witness.
s. 165, Pen. C.

§ 6365. No person who has been convicted of perjury, or of subornation of perjury, shall thereafter be received as a witness in any action, proceeding or matter whatever upon his own behalf; nor in any action or proceeding between adverse parties, against any person who shall object thereto, until the judgment against him has been reversed. But where such person has been actually received as a witness contrary to the provisions of this section, his incompetency shall not prejudice the rights, innocently acquired, of any other person claiming under the proceeding in which such person was so received.

CHAPTER 13.

FALSIFYING EVIDENCE.

Section.

6366. Offering false evidence.

6367. Deceiving a witness.

6368. Preparing false evidence.

Section.

6369. Destroying.

6370. Preventing witness from attending.

6371. Bribing witness.

Offering false evidence.
s. 166, Pen. C.

§ 6366. Every person who, upon any trial, proceeding, inquiry or investigation whatever, authorized by law, offers in evidence, as genuine, any book, paper, document, record, or other instrument in writing, knowing the same to have been forged, or fraudulently altered, is punishable in the same manner as the forging or false alteration of such instrument is made punishable by the provisions of this code.

Deceiving a witness.
s. 167, Pen. C.

§ 6367. Every person who practices any fraud or deceit, or knowingly makes or exhibits any, false statement, representation, token or writing, to any witness or person about to be called as a witness, upon any trial, proceeding, inquiry or investigation whatever, proceeding by authority of law, with intent to affect the testimony of such witness, is guilty of a misdemeanor.

Preparing false evidence.
s. 168, Pen. C.

§ 6368. Every person guilty of falsely preparing any book, paper, record, instrument in writing, or other matter or thing, with intent to produce it, or allow it to be produced as genuine, upon any trial, proceeding or inquiry whatever, authorized by law, is guilty of felony.

Destroying evidence.
s. 169, Pen. C.

§ 6369. Every person who, knowing that any book, paper, record, instrument in writing, or other matter or thing, is about to be produced in evidence upon any trial, proceeding, inquiry or investigation whatever, authorized by law, wilfully destroys the same, with intent thereby to prevent the same from being produced, is guilty of a misdemeanor.

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