Page:1887 Compiled Laws of Dakota Territory.pdf/1179

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The Warrant of Arrest.
CRIMINAL PROCEDURE.
§§ 7113-7120

same county it would be under this code if he were so present and aiding and abetting therein.

CHAPTER 2.

OF THE TIME OF COMMENCING CRIMINAL ACTIONS.

Section.

7113. No limit in case of murder

7114. Limit in other cases.

Section.

7115. Absence of defendant.

7116. When indictment is found.

No limit as to time of action for murder.
s. 88, Crim. Proc.

§ 7113. There is no limitation of the time within which a prosecution for murder must be commenced. It may be commenced at any time after the death of the person killed.

Limit for other crimes.
s. 89, Crim. Proc.

§ 7114. In all other cases an indictment for a public offense must be found within three years after its commission.

Absence of the defendant.
s. 90, Crim. Proc.

§ 7115. If when the offense is committed the defendant be out of the territory, the indictment may be found within the term herein limited after his coming within the territory, and no time during which the defendant is not an inhabitant of or usually resident within the territory, is part of the limitation.

When indictment is found.
s. 91, Crim. Proc.

$ 7116. An indictment is found within the meaning of the last three sections, when it is duly presented by the grand jury in open court, and there received and filed.

CHAPTER 3.

OF THE INFORMATION.

Section.

7117. Information defined.

7118. Magistrate defined.

Section.

7119. Who are magistrates.

Information defined.
s. 92, Crim. Proc.

§ 7117. The information is the allegation in writing, made to a magistrate, that a person has been guilty of some designated public offense.

Magistrate defined.
s. 93, Crim. Proc.

§ 7118. A magistrate is an officer having power to issue a warrant for the arrest of a person charged with a public offense.

Who are magistrates.
s. 94, Crim. Proc.

§ 7119. The following persons are magistrates:

1. The judges of the supreme court.

2. The district judges.

3. Justices of the peace.

4. Police and other special justices appointed or elected in a city, village or town.

CHAPTER 4.

THE WARRANT OF ARREST.

Section.

7120. Magistrate to issue warrant.

7121. Form of warrant.

7122. Requisites of warrant.

7123. Warrant directed to whom.

7124. Pence officer.

7125. Warrant by judges.

7126. Execution of warrant in other counties.

7127. Indorsement to another county.

7128. When warrant charges a felony.

7129. When warrant charges a misdemeanor.

Section.

7130. Proceedings when bail is taken.

7131. When bail is not given.

7132. When magistrate is absent.

7133. Must be no delay.

7134. When taken before magistrate not issuing warrant.

7135. When offense is triable in another county.

7136. Duty of officers.

7137. Duty when offense is a misdemeanor.

Magistrate to issue warrant.
s. 95, Crim. Proc.

§ 7120. When an information, verified by oath or affirmation, is laid before a magistrate, of the commission of a public offense, he must, if satisfied therefrom that the offense complained of has been committed, and that there is reasonable ground to believe that the defendant has committed it, issue a warrant of arrest.

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