s. 289, Crim. Pr.
§ 7316. When a removal of the action is allowed, the court may recognize the witnesses on the part of the territory to appear before the court in which the defendant is to be tried.
Trial, records and papers.s. 290, Crim. Pr.
§ 7317. The court to which the action is removed must proceed to trial and judgment therein the same in all respects as if the action had been commenced in such court. If it is necessary to have any of the original pleadings or other papers before such court, the court from which the action is removed must at any time, upon application of the district attorney or the defendant, order such papers or pleadings to be transmitted by the clerk, a certified copy thereof being retained.
Removal of cause by territory.s. 291, Crim. Pr.
§ 7318. The district attorney, on behalf of the territory, may also apply in a similar manner for a removal of the action, and the court being satisfied that it will promote the ends of justice, may order such removal upon the same terms and to the same extent as are provided in this chapter, and the proceedings on such removal shall be in all respects as above provided.
CHAPTER 6.
THE MODE OF TRIAL.
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Section. 7319. Issues of fact arise, when. 7320. How tried.
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Section. 7321. Defendant must be present. |
s. 292, Crim. Pr.
§ 7319. An issue of fact arises.
1. Upon a plea of not guilty; or,
2. Upon a plea of a former conviction or acquittal of the same offense.
Issue of fact, how tried.s. 293, Crim. Pr.
§ 7320. Issues of fact must be tried by a jury.
Defendant must be present.s. 294, Crim. Pr.
§ 7321. If the indictment is for a felony, the defendant must be personally present at the trial, but if for a misdemeanor not punishable by imprisonment, the trial may be had in the absence of the defendant; if, however, his presence is necessary for the purpose of identification, the court may, upon application of the district attorney, by an order or warrant, require the personal attendance of the defendant at the trial.
CHAPTER 7.
FORMATION OF THE TRIAL JURY.
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Section. 7322. Who are jurors. 7323. Trial jury how formed. 7324. Clerk to prepare ballots. 7325. Names of all jurors to be called. 7326. Manner of drawing jurors. 7327. Disposition of the ballots. 7328. After jury is discharged.
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Section. 7329. When juror is absent. 7330. It all jurymen do not appear. 7381. Names put in box. 7332. Drawing the jury. 7333. Number of jury-How sworn. 7334. If number of jurymen fails. 7335. Affirmation.
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s. 295, Crim. Pr.
§ 7322. The jurors duly drawn and summoned for the trial of civil actions, are also the jurors for the trial of criminal actions.
Trial jury how formed.s. 296, Crim. Pr.
§ 7323. Trial juries for criminal actions may also be formed in the same manner as trial juries in civil actions.
Clerk to prepare ballots.s. 297, Crim. Pr.
§ 7324 At the opening of the court the clerk must prepare separate ballots, containing the names of the persons returned as jurors, which must be folded as nearly alike as possible, and so that the same cannot be seen, and must deposit them in a sufficent box.
Names of all jurors to be called.s. 298, Crim. Pr. § 7325 When the case is called for trial, and before drawing the jury, either party may require the names of all the
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