jury in a material matter of law. Fifth. When the verdict is contrary to law or evidence; but no more than two new trials. shall be granted for this cause alone.

Sec. 354. The application for a new trial must be made before judgment.

Sec. 355. If the defendant desires to make a motion for a new trial, he must file a written notice of such intention within twentyfour hours after the rendition of the verdict.

Sec. 356. A motion in arrest of judgment is an application on the part of the defendant, that no judgment be rendered on a verdict of guilty, or finding of the court; and may be granted by the court for either of the following causes: First. That the grand jury who found the indictment had no legal authority to inquire into the offence charged, by reason of it not being within the jurisdiction of the court. Second. That the facts stated do not constitute a public offence.

Sec. 357. The court may also, in its view of any of these defects, arrest the judgment without motion.

Sec. 358. The effect of allowing a motion in arrest of judgment is to place the defendant in the same situation in which he was before the indictment was found, except in cases otherwise provided for.

Sec. 359. When judgment is arrested in any case, and there is reasonable ground to believe that the defendant can be convicted. of an offence, if properly indicted, the court may order the defendant to be recommitted, or admitted to bail, anew, to answer a new indictment.

CHAPTER XIV.

JUDGMENT AND EXECUTION.

Sec. 360. If judgment not arrested, or new trial granted, defendant sentenced.

Sec. 361. Time appointed therefor.

Sec. 362. If for felony, defendant to be present; if misdemeanor, may be absent.

Sec. 363. Defendant brought before court, if in custody.
Sec. 364. If necessary, defendant arrested.

Sec. 365. Defendant to be informed of verdict; right to show cause against pronouncing sentence.

Sec. 366. If sufficient cause not shown, judgment pronounced. Sec. 367. If ordered to pay fine, committed until paid.

Sec. 368. When prosecutor adjudged to pay costs.

Sec. 369. Person imprisoned for fine and costs, when and how

discharged.

Sec. 370. Clerk to enter judgment; court to inspect.

Sec. 371. If imprisonment in county jail, clerk to deliver sheriff transcript.

Sec. 372. Clerk to deliver certified copy of sentence to sheriff; sheriff to execute sentence.

Sec. 373. Power of sheriff conveying criminal to place of punishment.

Sec. 374. In case criminal sentenced to death.
Sec. 375. Death penalty, manner of infliction.
Sec. 376. In case of respite; duty of sheriff.
Sec. 377. Sentence of death, how executed.

Sec. 378. Governor, or court, may suspend execution.

Sec. 379. If after sentence criminal become insane; proceeding of inquiry.

Sec. 380. Prosecuting attorney shall attend inquiry.
Sec. 381. If criminal insane, execution suspended.

Sec. 382. Inquisition transmitted to governor; duty of governor.
Sec. 383. If female criminal be pregnant; proceedings.

Sec. 384. If such female quick with child, execution suspended.
Sec. 385. If cause of suspension ceases, duty of governor.
Sec. 386. Habeas corpus to issue, when.

Sec. 387. Duty of court when criminal brought before it.
Sec. 388. Executions for fines issued by clerk, end of term.
Sec. 389. If defendant unable to pay fine, how released, and
when.

Sec. 390. Defendant released on recommendation, when.
Sec. 391. If defendant insane, judgment not entered.

Sec. 392. If defendant declare he is insane; duty of court, and proceeding thereon.

Section 360. After a plea or verdict of guilty, or after a verdict against the defendant, on a plea of a former conviction or acquittal, if the judgment be not arrested, or a new trial granted, the court shall appoint a time for pronouncing judgment.

Sec. 361. The time appointed shall be at least two days after the verdict, if the court remain in session so long; if not, then as remote a time as can conveniently be allowed.

Sec. 362. For the purposes of judgment, if the conviction be for felony, the defendant must be personally present; if for a misdemeanor, judgment may be pronounced in his absence, except where the punishment is by imprisonment.

Sec. 363. When the defendant is convicted of any offence, if he be in custody, the court may direct the officer in whose custody he is to bring him before it for judgment.

Sec. 364. If in any case the defendant be not present when his

personal attendance is necessary, the court may order the clerk to issue a warrant for his arrest, which may be served in any county in the territory, as a warrant of arrest in other cases.

Sec. 365. When the defendant appears for judgment, he must be informed by the court of the verdict of the jury, and asked whether he have any legal cause to show why judgment should not be pronounced against him.

Sec. 366. If no sufficient cause be alleged, or appear to the court, why judgment should not be pronounced, it shall thereupon be rendered.

Sec. 367. When the defendant is adjudged to pay any fine and costs, the court shall order him to be committed to the jail of the county until the same be paid.

Sec. 368. In all cases in which the prosecutor shall be adjudged to pay the costs, he shall be sentenced to pay the costs of the prosecution, or give security to the sheriff to pay the same in ten days, and stand committed until the sentence be complied with.

Sec. 369. Any person imprisoned for failure to pay any fine or costs, shall be discharged after being imprisoned one day for every five dollars of the fine and costs, if it appear by affidavit or other proof that such person is unable to pay the same; but execution may issue against the property of the defendant or prosecutor, as on other judgments.

Sec. 370. Whenever judgment upon a conviction shall be rendered in any court, the clerk of such court shall enter such judgment fully in the minutes, stating briefly the offence for which conviction shall have been had, and the court shall inspect such entries and conform them to the facts; but the omission of this duty, either by the clerk or judge, shall in nowise affect or impair the validity of the judgment.

Sec. 371. Whenever a sentence of imprisonment in a county jail shall be pronounced upon any person convicted of any offence, the clerk of the court shall, as soon as may be, make out and deliver to the sheriff of the county a transcript of the entry of such conviction and of the sentence thereupon, duly certified by such clerk, which shall be sufficient authority to such sheriff to execute such sentence, and he shall execute the same accordingly.

Sec. 372. When any criminal shall be sentenced to any punishment, the clerk of the court in which the sentence was passed shall forthwith deliver a certified copy thereof to the sheriff of the county, who shall, without delay, either in person or by deputy, cause such criminal to receive the punishment to which he was sentenced.

Sec. 373. Such sheriff or deputy, while conveying the criminal to the place of punishment, shall have the same power and like authority to require the assistance of any citizen of the territory

in securing such criminal, and retaking him if he shall escape, as such sheriff or deputy has in any other case; and all persons who shall neglect or refuse to assist such sheriff or deputy, when required, shall be liable to the same penalties as for similar refusals in other cases.

Sec. 374. Whenever any criminal shall be sentenced to the punishment of death, the court shall cause to be made out, sealed and delivered to the sheriff of the county, a warrant, stating such conviction and sentence, and appointing a day on which such sentence shall be executed, which shall not be less than four nor more than eight weeks from the time of the sentence.

Sec. 375. The punishment of death prescribed by law must be inflicted by hanging by the neck, at such time as the court may adjudge.

Sec. 376. When execution of such sentence is respited to a further day by the governor, the sheriff must note the same on the warrant, and the defendant must be detained in custody until the day to which the respite is granted, at which time the sheriff, unless the judgment is revoked, or the defendant is pardoned, must execute the sentence, between the hours specified in the judgment, and return the warrant with the respite.

Sec. 377. The sentence of death shall be executed in some private enclosure, as near the jail as possible. The sheriff shall invite to be present at the execution, by at least three days' notice, the judge of the court, the attorney prosecuting, and the clerk of the court, together with two physicians, and twelve reputable citizens, to be selected by him. He must also, at the request of the prisoner, permit any minister of the gospel whom the prisoner may name, and any of his relations and friends whom he may desire, not exceeding two, to attend the execution, and also such peace officers as the sheriff may deem proper. No person other than those mentioned in this section can be present at the execution, nor can any person under age be allowed to witness the

same.

Sec. 378. For good cause shown, the court in which the conviction is had, or the governor, may prolong the time or suspend the execution of any criminal sentenced to the punishment of death; and no other court or officer shall have such authority, except in the cases and in the manner hereinafter provided.

Sec. 379. If, after any criminal be sentenced to the punishment of death, the sheriff shall have cause to believe that such criminal has become insane, he may summon a jury of twelve competent jurors, with the concurrence of the judge of the court by which the judgment was rendered, to inquire into such insanity, giving notice thereof to the attorney prosecuting.

Sec. 380. The attorney prosecuting shall attend such inquiry, and may produce witnesses before the jury, and may cause sub.

poenas to be issued by the clerk for that purpose; and disobedience thereto may be punished by the district court in the same manner as in other cases.

Sec. 381. The inquisition of the jury shall be signed by them and by the sheriff. If it be found that such criminal is insane, the sheriff shall suspend the execution of the sentence until he receive a warrant from the governor, or from the supreme or district court, as hereinafter authorized, directing the execution of the criminal.

Sec. 382. The sheriff shall immediately transmit such inquisition to the governor, who may, as soon as he shall be convinced of the sanity of such criminal, issue a warrant appointing a time and place for the execution, pursuant to his sentence, or he may, in his discretion, commute the punishment to imprisonment for life.

Sec. 383. If, after any female criminal is sentenced to the punishment of death, the sheriff shall have reason to suspect that she is pregnant, he shall, in like manner, summon a jury of six persons, not less than three of whom shall be physicians, and shall give notice thereof to the attorney prosecuting, who shall attend, and the proceedings shall be had as provided in the second preceding section.

Sec. 384. The inquisition shall be signed by the jury and the sheriff, and if it appear that such female is quick with child, the sheriff shall, in like manner, suspend the execution of her sentence, and transmit the inquisition to the governor.

Sec. 385. Whenever the governor and court shall be satisfied that the cause of such suspension no longer exists, the governor shall issue his warrant, appointing a day for the execution of such criminal, pursuant to her sentence, or he may, at his discretion, commute her punishment to imprisonment for life.

Sec. 386. Whenever, for any reason, any criminal sentenced to the punishment of death shall not have been executed pursuant to such sentence, and the same shall stand in full force, the supreme court, or the district court of the county in which the conviction was had, on the application of the attorney prosecuting, shall issue a writ of habeas corpus to bring such criminal before such court; or if he be at large, a warrant for his apprehension may be issued by such court, or any judge thereof.

Sec. 387. Upon such criminal being brought before the court, they shall proceed to inquire into the facts, and, if no legal reason exist against the execution of such sentence, such court shall issue a warrant to the sheriff of the proper county, commanding him to do execution of the sentence, at such time as shall be appointed therein; which shall be obeyed by the sheriff accordingly.

Sec. 388. It shall be the duty of the clerk of the district