the court, and after such entry, the trial and all other proceedings on the indictment shall be had against him by that name, referring also to the name by which he is indicted, in the same manner in all respects as if he had been indicted by his true name.

attorney may

SEC. 107. To any plea in abatement, the prosecuting Prosecuting attorney may demur if it is not sufficient in substance, or he demur. may reply, setting forth any facts which may show that there is no defect in the record as charged in the plea.

SEC. 108. After a demurrer to an indictment has been overruled, the accused may plead "not guilty" or in bar.

TITLE IX.

Arraignment-Change of Venue.

SEC. 109. The accused shall be arraigned by reading to him the indictment, and the court shall ask him, "are you guilty, or not guilty, of the offense therein charged.”

SEC. 110. The accused may then offer a plea in bar to the indictment that he has before had judgment of acquittal, or been convicted, or been pardoned for the same offense; and to this plea the prosecuting attorney may reply that there is no record of such acquittal or conviction, or that there has been no pardon; and on the trial of such issue to a jury, the accused must produce the record of such conviction or acquittal, or the pardon, and prove that he is the same person charged in the record or mentioned in the pardon; and shall be permitted to adduce such other evidence as may be necessary to establish the identity of the offense.

SEC. 111. No plea in bar or abatement shall be received by the court, unless it be in writing, signed by the accused, and sworn to before some competent officer.

Accused

plead &c.

may

Accnsed, how arraiged.

May offer plea

in bar.

Plea in bar.

When found

against defen

SEC. 112. If the issue on the plea in bar be found against the defendant, or if upon the arraignment the dant. accused offer no plea in bar, he shall answer the question propounded by the court, by pleading "guilty" or "not guilty;" but if he answer evasively, or stand mute, he shall be taken to have pleaded not guilty."

SEC. 113. If the accused plead guilty," the plea shall be recorded on the indictment and in the records of the court, and the accused shall be committed until sentenced.

SEC. 114. If the accused plead "not guilty," the plea shall be entered on the indictment, and the prosecuting attorney shall, under the direction of the court, designate a day for trial, which shall be a day of term at which the plea is made, unless the court for good reasons continue the case to a subsequent term, upon the application of the defendant, or the prosecuting attorney, and in no case shall a defendant be required to swear that he is "not guilty," on an application for a continuance.

SEC. 115. All criminal cases shall be tried in the county where the offense was committed, unless it shall appear to the court by affidavits that a fair and impartial trial cannot be had therein for any cause; in which case the court may direct the person accused to be tried in some adjoining county in the same or adjoining district, where the cause alleged for removal does not exist. If the affidavit shall allege the prejudice of the judge as a ground for removal, the change of venue shall be allowed, and the case go to another district; Provided, That if the objection be made to the judge only, the court may, for the convenience of parties, request the judge of another district to try said cause in the county in which such action may be pending.

SEC. 116. When the venue is changed to an adjoining county, the clerk of the county in which the indictment was found, shall make out a certified transcript of all the proceedings in the case, which, together with the original indictment, he shall transmit to the clerk of the court to which the venue is changed, and the trial shall be conducted in all respects as if the offender had been indicted in the county to which the venue has been changed. The costs accruing from a change of venue shall be paid by the county in which the indictment was found.

SEC. 117. When a court has ordered a change of venue, a warrant shall be issued by the clerk, directed to the sheriff,

commanding him safely to convey the prisoner to the jail of the county where he is to be tried, there to be safely kept by the jailor thereof until discharged by due course of law.

SEC. 118. When a change of venue is allowed, the court shall recognize the witnesses on the part of the state to appear before the court in which the prisoner is to be tried.

TITLE X.
Of Juries.

When aliowed,

sum

moned, to.

SEC. 119. In all criminal cases the jury summoned and Jury impanelled according to the laws in force, relating to the summoning or impanelling of juries in other cases, shall try the accused.

SEC. 120. Every person charged with the commission of an offense, the punishment whereof is capital, may challenge twenty persons returned as jurors peremptorily. In all cases of felony, not punishable capitally, the defendant shall have but ten peremptory challenges, and in cases of misdemeanors, but five.

Challenges.

Ditto.

SEC. 121. The prosecuting attorney shall have six peremptory challenges in capital cases, three in other felonies, and none in misdemeanors. Challenge for cause lies with both the defendant and prosecutor. The court shall in all cases, when the punishment of death does not follow conviction, try the validity of such challenge. In capital cases, three triers, with the qualifications of juries, to be appointed Triers, darios by the court, who shall be sole judges of the fact whether the juror stands impartial between the defendant and the people, and such triers shall examine the party presented, as sworn upon his oath, and may receive other evidence if necessary to aid them in arriving at a proper conclusion as to such juror's competency.

of.

SEC. 122. Except as otherwise provided, the prosecuting Challenge. attorney and every defendant may peremptorily challenge two of the panel, and any of the panel for cause, the validity of which the court shall try.

SEC. 123. The following shall be good cause for challenge to any person called as a juror on any indictment:

Causes for

challenge.

When tried by court.

When allowed.

Oath.

Afrmation.

First, That he was a member of the grand jury which found the indictment.

Second, That he has formed or expressed an opinion as to the guilt or innocence of the accused, or is biased or prejudiced for or against the accused.

Third, In indictments for an offense, the punishment whereof is capital, that his opinions are such as to preclude him from finding the accused guilty of an offense punishable with death.

Fourth, That he is a relation within the fifth degree to the person alleged to be injured, or attempted to be injured by the offense charged, or to the person on whose complaint the prosecution was instituted, or to the defendant.

Fifth, That he has served on a petit jury which was sworn in the same cause against the same defendant, and which jury either rendered a verdict which was set aside, or was discharged after hearing the evidence.

Sixth, That he has served as a juror in a civil case brought against the defendant for the same act.

Seventh, That he has been subpoenaed as a witness in the case.

Eight, The same challenges for cause shall be allowed in criminal prosecutions, that are allowed to parties in civil

cases.

SEC. 121. All challenges, except in capital cases as herein otherwise provided, for cause, shall be tried by the court on the oath of the person challenged, or on other evidence, and such challenge shall be made before the jury is sworn, and not afterwards.

SEC. 125. If two or more persons be put on trial at the same time, each must be allowed his separate peremptory challenge.

SEC. 126. When all challenges have been made, the following oath shall be administered:

"You shall well and truly try, and true deliverance make, between the people of the territory of Wyoming and the prisoner at the bar (givin his name); so help you, God." SEC. 127. Any juror shall be allowed to make affirma

tion, and the words, "This you do as you shall answer under the pains and penalties of perjury," shall be substituted instead of the words, "So help you, God."

TITLE XI.

Of Evidence.

mitted, &c.

SEC. 128. The defendant in all criminal cases shall be Defendant perpermitted, if he so desire, to make a statement to the jury at the close of the evidence for the defense.

when allowed.

SEC. 129. In the trial of all indictments, informations, Statement, complaints and other proceedings, against persons charged with the commission of crimes or offenses, the person so charged shall, at his own request, but not otherwise, be allowed to make his statement, nor shall the neglect or the refusal to make a statement create any presumption against him, nor shall any reference be made to, nor any comment upon, such neglect or refusal.

subpoenas.

SEC. 130. In all criminal cases it shall be the duty of Clerk to issue the clerk, upon a precipe being filed, to issue writs of subpoena for all witnesses named therein, directed to the sheriff of his county, or of any county of the territory where the witnesses reside or may be found, which shall be served and returned as in other cases, and such sheriff by writing indorsed on said writs, may depute any disinterested person to serve and return the same.

Sheriff may depate.

by deputy.

SEC. 131. If the subpoena be served by such special when served deputy, it shall be his duty after serving the same, to return thereon the manner in which the same was served; and also make oath or affirmation to the truth of said return, before some person competent to administer oaths; which shall be indorsed on such writ, and the same shall be returned according to the command thereof, by the person serving the same, through the post office or otherwise.

SEC. 132. Except as otherwise provided, the provisions of the code of civil procedure, relative to compelling the attendance and testimony of witnesses, their examination. and administering of oaths and affirmations, and proceedings for contempt to enforce the remedies and protect the rights

Witnesses.