, 1854-05-20

twelve persons, and the law regulating the
drawing, retaining, ana selecting jurors,
and trials by jury, in civil cases, shall apply
to criminal cases, so far as the same may be
= applicable.
See. 1922 In prosecution for capital Of
fences, the defendant may challenge, per-
emp,orily, twelve jurors inprosecuton for
offences punishable by Imprisonment in the
peniteutiary, six jurors in all other pros
ccutions, three jurors. When several de-
PENDANTS are on trial together, they must
join in their challenges.
Sec. 10S. Tie prosecuting attorney, in
capital cases, may challenge peremptorly,
six jurors in all other cases. three jurors.
Sec. lO4 Challenges TO the panel shall
ouly be allowed for a material departure
from the forms prescribed by law, for the
drawing and relmnof the jury, and shall be
in writing, sworn to and proved TO the sat
iSfaction Of the court.
Sec. l05 Challenges for cause shall be
allowed, for such cause as the court may
in its discretion deem sufficient, having ref
erence to the causes Of challenge, prescribed
in civil cases, as far as they may be appli-
cable, aud to the substantial rights Of the
defendant.
Sec. I06. No person whose opinions are
such as to preclude him from finding any de
fcHdant guilty Of an offence punishable with
DEATH shall! he compelled or allowed TO
serve as juror on the trial Of any inlict-
mcnt for such an offence
Sec. l07. The jury shall he sworn, or
affirmed, to well and truly try the issue be-
tween the Territory and the defendant, ac-
cording to the evidence and in capital ca
ses to well and truly try, and true deliver
ance make, between the Territory and the
prisoner at the bar, whom they shall have
IN charge, according to the evidence.
Sec. l0S. The defendant and prosecuting
attorney, with the assent of the court, may
submit tho trial to the court, except in cap
ital cases.
Sec. 100. No person prosecuted for any
offence punishable by death, or by confne-
ment in the states prison, or in the county
Jail, shall be tried unless personally present
during the trial.
Sec. ITO. No person prosecuted for any
offence punishable by fine only, shall be,
tried without being personally present, un-
less some responsible person, approved by
the court, undertakes to be bail for stay Of
execution, and payment Of tue fine and costs
that may be assessed against the defendant.
Such undertaking must be in writing, and
is as effective as if entered.into after judg-
ment.
Sec. Ill. The court shall decide all ques-
tiOns Of law which shall arise in the course
Of the trial
Sec. ll2. When Instructions are asked
for, they must be asked in writing, before
the argument of the cause, and may, if re-
quired by the court, be argued other ill
J strucions may be asked after the charge Of
/, the court, and the court may in its discre-
ton give or refuse them.
Sec. lib. In charging the jury, the court
shall state to them all matters of law which
it thinks necessary for their information in
giving their verdict, and if it presents the
facts of the case, shall, in addition to what
it may deem its duty to say, inform the jury
that they are the exclusive judges Of all
questions of fact
Sec. ia. Juries in criminal cases shall
not he allowed to separate, except by con-
sent Of the defendant and the prosecuting
attorney, but shall be kept together, with
out meal or drink, unless otherwise ordered
by the court, to he furnished at the expense
of the county.
Sec lis. The court may ordera view by
any jury impanneled TO try a criminal case.
Sec ll6. When two or more defendants
are indicted jointly, any defendant requi-
ring it, shall be tried separately.
Sec. III. When two or more persons are
included in one prosecution, the court may,
at any timo before the defendant has gone
into his defence, direct any defendant to be
! discharged, that he may be witness for the
: State. A defendant may also, when there
is not sufficient evidence to put him on his
defence, at any time before the evidence is
closed, be discharged by the court, for the
purpose of giving testimony for co-defend-
ant. The order Of discharge is a bar to
another prosecution for the same offence.
Sec. llS. When it appears, at any time
before verdict or Judgment, that mistake
has been made in charging the proper Of
fence, the defendant shall not be discharged
if there appears to be good cause to detain
him in custody but the court must recog-
nize him to answer to the offence shown, and
: if necessary, recognize the witnesses to ap
pear and testify.
r Sec. 10. When it appears, at any time
before verdict or judgment, that the de.
fendant is prosecuted in county not hav.
ing jurisdiction. the court may order the
E venue Of the Indictment to be corrected
and direct that all the papers and proceed.
ings be certified to the proper court of the
; proper county, and recognize the defendant
, and witnesses to appear at such court, on
: the first day of the next term thereof, and
the prosecution shall proceed in the latter