Page:1887 Compiled Laws of Dakota Territory.pdf/1177

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Local Jurisdiction.
CRIMINAL PROCEDURE.
§§ 7096-7103

CHAPTER 1.

OF THE LOCAL JURISDICTION OF PUBLIC OFFENSES.

Section.

7096. Who is punishable.

7097. Offenses consummated within the territory.

7098. Jurisdiction in case of duel.

7099. Leaving the territory to evade the law.

7100. Offense committed in two counties.

7101. Offense committed near boundary.

7102. Offense on board of vessel.

7103. Jurisdiction in certain cases.

7104. Jurisdiction for bigamy or incest.

Section.

7105. Proceedings, when property stolen and brought into another county.

7106. Jurisdiction in case of accessory.

7107. Conviction or acquittal is a bar.

7108. Jurisdiction in more than one county.

7109. Indictment for an escape.

7110. Stolen property.

7111. For murder or manslaughter.

7112. Principal not present.

Who punishable.
s. 71, Crime. Proc.

§ 7096. Every person is liable to punishment for a public offense, as is prescribed by section 6214, of the penal code, except it is by law cognizable exclusively in the courts of the United States.

Offenses consummated within the territory.
s. 72, Crime. Proc.

§ 7097. When the commission of a public offense, commenced without this territory, is consummated within its boundaries, the defendant is liable to punishment therefor in this territory, though he were out of the territory at the time of the commission of the offense charged, if he consummated it in this territory through the intervention of an innocent or guilty agent, or by any other means proceeding directly from himself; and, in such case, the jurisdiction is in the county in which the offense is consummated.

Jurisdiction in case of duel.
s. 73, Crime. Proc.

§ 7098. When an inhabitant or resident of this territory, by previous appointment or engagement, fights a duel, or is concerned as second therein, out of the jurisdiction of this territory, and in the duel a wound is inflicted upon a person, whereof he dies in this territory, the jurisdiction of the offense is in the county where the death happened.

When person leaves the territory to evade the law.
s. 74, Crime. Proc.

§ 7099. When an inhabitant of this territory shall have left the same for the purpose of evading the operation of the provisions of the statutes relating to dueling and challenges to fight, with the intent or for the purpose of doing any of the acts prohibited therein, the jurisdiction is in the county of which the offender was an inhabitant when the offense was committed, or in any county in which, in the opinion of the governor, the evidence can be most conveniently obtained and produced, to be designated by him by written appointment, filed in the office of the clerk of the court of that county.

Offense committed in two counties.
s. 75, Crime. Proc.

§ 7100. When a public offense is committed, partly in one county and partly in another county, or the acts or effects thereof, constituting or requisite to the offense, occur in two or more counties, the jurisdiction is in either county,

Offense committed near boundary of county.
s. 76, Crime. Proc.

§ 7101. When a public offense is committed on the boundary of two or more counties, or within five hundred yards thereof, the jurisdiction is in either county.

Offense on board vessel.
s. 77, Crime. Proc.

§ 7102 When an offense is committed in this territory, on board a vessel navigating a river, lake or canal, or lying therein in the prosecution of her voyage, the jurisdiction is in any county through which the vessel is navigated in the course of her voyage, or in the county where the voyage terminates.

Jurisdiction in certain cases.
s. 78, Crime. Proc.

§ 7103. The jurisdiction of an indictment:

1. For forcibly and without lawful authority seizing and confining another, or inveigling or kidnaping him, with intent, against his will, to cause him to be secretly confined or imprisoned in this territory, or to be sent out of the territory, or from one county to another; or,

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