CRIMINAL PROCEDURE
CHAPTER 123
(H. B. No. 178—Carr & Starke.)
BAIL
An Act To Amend and Re-enact Sections 11113, 11114 and 11115 of the Compiled Laws of North Dakota for the year 1913, Relating to Bail.
Be It Enacted by The Legislative Assembly of the State of North Dakota:
§ 1. That Section 11113 of the Compiled Laws of North Da- kota for the year 1913 be amended and re-enacted to read as fol- lows, to-wit:
§ 11113. When Bail Must Be Taken.) Bail by sufficient sureties shall be admitted upon all arrests in criminal actions when the offense is not murder in the first degree, and in such actions it may be taken by any competent court, magistrate or legally authorized officer.
§ 2. That Section 11114 of the Compiled Laws of North Dakota for the year 1913 be amended and re-enacted to read as follows, to-wit:
§ 11114. Bail Upon Capital Charge.] Bail by sufficient sureties may be admitted upon arrests in criminal actions when the offense is murder in the first degree unless the proof of guilt is evident or the presumption thereof great. In such actions it shall be taken only by the Supreme Court or a judge thereof, or by a district court or a judge thereof, and the taking thereof shall be discretionary, regard being had to the nature and circumstances of the offense and to the evidence and to the usages of law. The filing of an indictment or the filing of an information does not add to the strength of the proof or the presumption to be drawn therefrom. In case the action has been tried by a jury, and the jury have not agreed on a verdict, and had been discharged by reason of inability to agree, then the defendant shall be entitled to bail, unless it shall appear to the court or judge, by proof, that such disagreement was occasioned by the misconduct of the jury or the defendant or his counsel.
§ 3. That Section 11115 of the Compiled Laws of North Dakota for the year 1913, is hereby amended and re-enacted to read as follows, to-wit:
§ 11115. Bail on Appeal After Conviction.] After a conviction of an offense not punishable with life imprisonment, a defendant who has appealed may be admitted to bail;
