of parties, shall extend to criminal cases, so far as they are in their nature applicable.

SEC. 133. When any issue of fact is joined on any indictment, and any material witness for the defendant resides out of the territory, or residing within the territory, is sick or infirm, or is about to leave the territory, such defendant may apply in writing to the court in term time, or to the judge thereof in vacation, for a commission to examine such witness upon interrogatories thereto annexed, and such court or judge may grant the same, and order what and for how long a time notice shall be given the prosecuting attorney before the witness shall be examined.

SEC. 134. The proceedings in taking the examination of such witness and returning it to court, shall be governed in all respects as the taking of depositions in civil cases.

SEC. 135. When two or more persons shall be indicted together, the court may, at any time before the defendant has gone into his defense, direct any one of the defendants to be discharged, that he may be a witness for the territory. An accused party may, also, when there is not sufficient evidence to put him upon his defense be discharged by the court; or it not discharged by the court, shall be entitled to the immediate verdict of the jury, for the purpose of giving evidence for others accused with him; such orders of discharge in either case, shall be a bar to another prosecution for the same offense.

SEC. 136. In trials for taking a woman away with intent to force her to be married or defiled, and for seduction, and for seduction for the purpose of prostitution, no conviction shall be had on the evidence of the female offended against, unsupported by other evidence.

SEC. 137. In trial for procuring or inciting another to commit perjury, though perjury be not committed, no conviction shall be had on the evidence of the person attempted to be influenced, unsupported by other testimony.

SEC. 158. In trials for treason, no evidence shall be given of any overt act that is not expressly laid in the indictment; and no conviction shall be had upon any

indictment for said offense, unless one or more overt acts be expressly alleged therein.

SEC. 139. In trials for conspiracy, in cases where an overt act is required by law to consummate the offense, no conviction shall be had unless one or more overt acts be expressly alleged in the indictment, nor unless one or more of the acts so alleged be proved on trial; but other overt acts not alleged in the indictment may be given in evidence on the part of the prosecution.

TITLE XII.

Miscellaneous Provisions.

Conspiracy.

SEC. 140. After the jury has been impanelled and Order of trial. sworn, the trial shall proceed in the following order :

First, The counsel for the territory must state the case of the prosecution, and may bricly state the evidence by which he expects to sustain it;

Second, The defendant or his counsel may then state his defense, and may briefly state the evidence he expects to offer in support of it, or may wait until the evidence upon the part of the people is closed;

Third, The territory must first produce its evidence, the defendant will then produce his evidence;

Fourth, The territory will then be confired to rebutting evidence, unless the court, for good reasons, in furtherance of justice, shall permit it to offer evidence in chief;

Fifth. When the evidence is concluded, either party may request instructions to the jury on points of law which shall be given or refused by the court; which instructions shall be reduced to writing if either party require it;

Sixth, When the evidence is concluded, unless the case is submitted without argument, the consul for the territory shall commence, the defendant or his counsel follow, and the counsel for the territory conclude the argument to the jury;

Seventh, The court, after the argument is concluded, shall immediately, and before proceeding with other business, charge the jury, which charge, or any charge given after the conclusion of the argument, shall be reduced to writing by

Felouy, wheu tried.

when tried.

the court if either party request it, before the argument to the jury is commenced, and such charge or charges, or any other charge or instructions provided for in this section, when so written and given shall in no case be orally qualified, modified, or in any manner explained to the jury by the court; and all written charges and instructions shall be taken by the jury in their retirement, and returned with their verdict into court, and shall remain on file with the papers of the case.

SEC. 141. No person indicted for a felony shall be tried unless personally present during the trial. Persons indicted Misdemeanor, for a misdemeanor may, at their own request, by leave of the court, be put on trial in their absence. The request shall be in writing, and entered on the journal of the court. SEC. 142. When two or more persons are indicted for a felony, each person so indicted shall, on application to the -court for that purpose, be separately tried.

When two or nore indicted.

Accused not discharged.

Jury, may be discharged.

Decision, ex

ceptions.

SEC. 143. When it shall appear at any time before verdict that a mistake has been made in charging the proper offense, the accused shall not be discharged if there appear to be good cause to detain him in custody; but the court must recognize him to answer to the offense on the first day of the next term of such court, and shall, if necessary, likewise recognize the witnesses to appear and testify.

SEC. 144. When a jury has been impanelled in case contemplated by the preceding section, such jury may be discharged without prejudice to the prosecution.

SEC. 145. In all cases where a defendant shall feel himself aggrieved by any opinion or decision of the court, he may present his exceptions thereto, and it shall be the duty of the court to sign and seal the same, and the taking, preparing and signing and sealing of said bill shall be governed by the rules established in such matters in civil Where the ground of exception is that the verdict is not sustained by sufficient evidence, or is contrary to law, and the court has overruled a motion for a new trial made on that ground, the bill of exception shall substantially set out the evidence. The bill of exceptions, when signed and

cases.

sealed, shall be made a part of the record, and shall have the same force and effect as in civil cases.

attorney may

SEC. 146. The prosecuting attorney may take excep- Prosecuting tions to any opinion or decision of the court during the take. prosecution of the cause; and the bill containing the exceptions upon being presented, shall, if it be conformable. to the truth, be signed and sealed by the court, which shall be made [be] a part of the record, and be in all respects governed by the rules established as to bills of exceptions in civil cases, except as herein provided.

SEC. 147. The prosecuting attorney may present such May present. bill of exceptions to the supreme court, and apply for permission to file it with the clerk thereof, for the decision of such court upon the points presented therein; but prior thereto, he shall give reasonable notice to the judge who presided at the trial in which the bill was taken, of his purpose to make such application, and if the supreme court shall allow such bill to be filed, such judge shall appoint some competent attorney to argue the case against the prosecuting attorney, which attorney shall receive for his services a fee not exceeding one hundred dollars, to be fixed by such court, and to be paid out of the treasury of the county in which the bill was taken.

opinion.

SEC. 148. If the supreme court shall be of the opinion Supreme court, that the questions presented should be decided upon, they shall allow the bill of exceptions to be filed and render a decision thereon.

SEC. 149. The judgment of the court in the case in which the bill was taken shall not be reversed, nor in any manner effected; but the decision of the supreme court shall determine the law to govern in any similar case which may be pending at the time the decision is rendered, or which may afterward arise in the territory.

SEC. 150. If any person indicted for any offense and committed to prison, shall not be brought to trial before the end of the second term of the court having jurisdiction of the offense, which shall be held after such indictment found, he shall be entitled to be discharged, so far as relates to the

Shall govern

in similar cases.

Accneed, when discharged.

Ditto.

When prisoner remanded.

Proceedings

for conduct of jury, du.

When not to aesurato.

In case jury is discharged.

offense for which he was committed, unless the delay shall happen on the application of the prisoner.

SEC. 151. If any person indicted for any offense, whe has given bail for his appearance, shall not be brought to trial before the end of the third term of the court in which the cause is pending, held after such indictment is found, he shall be entitled to be discharged, so far as relates to such offense, unless the delay happen on his application, or be occasioned by the want of time to try such cause at such third term.

SEC. 152. If, when application is made for the discharge of a defendant under either of the last two sections, the court shall be satisfied there is material evidence on the part of the territory, which cannot then be had, that reasonable exertions have been made to procure the same, and that there is just ground to believe that such evidence can be had at the succeeding term, the cause may be continued, and the prisoner remanded or admitted to bail, as the case may require.

TITLE XIII.

Of the Verdict and Judgment and Proceedings Thereon.

SEC. 153. The proceedings provided by law in civil cases as to the conduct of the jury, the admonitions of the court, and the manner of returning the verdict, shall be had upon all trials on indictments, so far as proceedings may be applicable, and when it is not otherwise provided. In the trial of capital cases, the jury shall not be permitted to separate after being sworn until discharged by the court. In other felonies and misdemeanors, the separation of the jury may be permitted in the discretion of the court, until charged, after which no separation shall be allowed until discharged.

SEC. 154. In case a jury shall be discharged on account of the sickness of a juror, or other accident or calamity requiring their discharge, or after they have been kept so long together that there is no probability of agreeing, the court shall, upon directing the discharge, order that the