Title 29 — Judicial Procedure, Criminal

48 chapters · 631 sections in this title.

631 sectionsFiltered byTitle 29

N.D.C.C. § 29-28-22 Appeal stands for argument at first term
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Superseded by N.D.R.App.P., Rule 45.
N.D.C.C. § 29-28-23 When verdict or judgment must be affirmed - Reversal
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Superseded by N.D.R.App.P., Rule 34.
N.D.C.C. § 29-28-24 Number of counsel heard
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Superseded by N.D.R.App.P., Rule 34.
N.D.C.C. § 29-28-25 Defendant need not appear in supreme court
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Superseded by N.D.R.App.P., Rule 34.
N.D.C.C. § 29-28-26 Technical errors to be disregarded on appeal
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Superseded by N.D.R.Crim.P., Rule 52.
N.D.C.C. § 29-28-27 Court may review intermediate orders
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Superseded by N.D.R.App.P., Rule 35.
N.D.C.C. § 29-28-28 Power of supreme court on appeal
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Superseded by N.D.R.App.P., Rule 35.
N.D.C.C. § 29-28-29 New trial ordered - Where had
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Superseded by N.D.R.App.P., Rule 35. 29-28-30. Judgment reversed without new trial - Defendant discharged - Disposal of bail. If a judgment against the defendant is reversed without ordering a new trial, the supreme court, if the defendant is in custody, shall direct that the def…
N.D.C.C. § 29-28-30.1 Verdict affirmed - Must be enforced
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If a verdict against the defendant is affirmed, the original verdict must stand and any court orders thereon, including suspension and deferred imposition of sentence, must be enforced.
N.D.C.C. § 29-28-31 Judgment affirmed must be enforced
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If a judgment against the defendant is affirmed, the original judgment must be enforced.
N.D.C.C. § 29-28-32 Judgment of court entered - Certificate
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Superseded by N.D.R.App.P., Rule 36.
N.D.C.C. § 29-28-33 Certificate remitted - District court only has jurisdiction
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After the certificate of the judgment has been remitted to the court below, the appellate court has no further jurisdiction of the appeal or of the proceedings therein, and all orders necessary to carry the judgment into effect must be made by the district court to which the cert…
N.D.C.C. § 29-28-34 Imprisonment, reversal, reimprisonment - Deduction of time already served
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Repealed by S.L. 1975, ch. 106, § 673.
N.D.C.C. § 29-28-35 Appeal by state - Power of supreme court
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If the appeal is taken by the state, the supreme court cannot reverse the judgment or modify it so as to increase the punishment, but may affirm it, and shall point out any errors in the proceedings or in the measure of punishment, and its opinion is obligatory on the district co…
N.D.C.C. § 29-29-01 Search warrant defined
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A search warrant is an order in writing, made in the name of the state, signed by a magistrate, directed to a peace officer, commanding the peace officer to search for personal property and to bring it before the magistrate.
N.D.C.C. § 29-29-02 Grounds for issuance of search warrant
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Superseded by N.D.R.Crim.P., Rule 41.
N.D.C.C. § 29-29-03 Issued only upon probable cause
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Superseded by N.D.R.Crim.P., Rule 41.
N.D.C.C. § 29-29-04 Sworn complaint must be made - Depositions of witnesses
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Superseded by N.D.R.Crim.P., Rule 41.
N.D.C.C. § 29-29-05 Requisites of search warrant
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Superseded by N.D.R.Crim.P., Rule 41.
N.D.C.C. § 29-29-06 Form of search warrant
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Superseded by N.D.R.Crim.P., Rules 41, 58.
N.D.C.C. § 29-29-07 By whom search warrant served
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Superseded by N.D.R.Crim.P., Rule 41.
N.D.C.C. § 29-29-08 Execution of warrant - Use of force
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An officer directed to serve a search warrant may break open an outer or inner door or window of a house, or any part of the house, or anything therein, to execute the warrant: 1. If, after notice of the officer's authority and purpose, the officer is refused admittance; or 2. Wi…
N.D.C.C. § 29-29-09 Liberating self or assistant - Use of force
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To execute a search warrant, an officer may break open any outer or inner door or window of a house for the purpose of liberating a person who, having entered to aid the officer in the execution of the warrant, is detained therein, or when necessary for the officer's own liberati…
N.D.C.C. § 29-29-10 Search warrant to be served in daytime - Exception
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Superseded by N.D.R.Crim.P., Rule 41.
N.D.C.C. § 29-29-11 Search warrant void if not executed in ten days
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Superseded by N.D.R.Crim.P., Rule 41.
N.D.C.C. § 29-29-12 Return of warrant
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Superseded by N.D.R.Crim.P., Rule 41.
N.D.C.C. § 29-29-13 Copy of inventory - To whom delivered
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Superseded by N.D.R.Crim.P., Rule 41.
N.D.C.C. § 29-29-14 Complaint controverted - Testimony in writing - Authentication
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Superseded by N.D.R.Crim.P., Rule 41.
N.D.C.C. § 29-29-15 When property taken under search warrant to be restored
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Superseded by N.D.R.Crim.P., Rule 41.
N.D.C.C. § 29-29-16 Papers relating to search warrant to be returned to district court
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Superseded by N.D.R.Crim.P., Rule 41.
N.D.C.C. § 29-29-17 Disposal of property taken on a warrant
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Superseded by N.D.R.Crim.P., Rule 41.
N.D.C.C. § 29-29-18 Causing issuance of search warrant on false information - Penalty
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A person who recklessly and without probable cause causes a search warrant to be issued and executed is guilty of a class A misdemeanor.
N.D.C.C. § 29-29-19 Officer exceeding authority guilty of misdemeanor
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Repealed by S.L. 1975, ch. 106, § 673.
N.D.C.C. § 29-29-20 Search of accused for dangerous weapons - Circumstances permitting
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When a person charged with a felony is supposed by the magistrate before whom the person is brought to have possession of a dangerous weapon, or anything which may be used as evidence of the commission of the offense, the magistrate may direct the person to be searched in the mag…
N.D.C.C. § 29-29-21 Temporary questioning of persons in public places - Search for weapons
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A peace officer may stop any person abroad in a public place whom the officer reasonably suspects is committing, has committed, or is about to commit: 1. Any felony. 2. A misdemeanor relating to the possession of a concealed or dangerous weapon or weapons. 3. Burglary or unlawful…
N.D.C.C. § 29-29-22 Release of information contained in complaint or warrant
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The magistrate who issues a search warrant shall order the information in the complaint and warrant confidential, if the law enforcement officer articulates a reason for the confidentiality that convinces the issuing magistrate that limited confidentiality is necessary for the sa…
N.D.C.C. § 29-33-02 Duty to inform court and prosecuting official
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The request must be delivered to the warden or other official having custody of the prisoner, who shall forthwith: 1. Certify the term of commitment under which the prisoner is being held, the time already served on the sentence, the time remaining to be served, the good time ear…
N.D.C.C. § 29-33-03 When charges brought to trial - Dismissal
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Within ninety days after the receipt of the request and certificate by the court and prosecuting official or within such additional time as the court for good cause shown in open court may grant, the prisoner or the prisoner's counsel being present, the indictment, information, o…
N.D.C.C. § 29-33-04 Request voided by escape
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Escape from custody by any prisoner subsequent to the prisoner's execution of a request for final disposition of an untried indictment, information, or complaint voids the request.
N.D.C.C. § 29-33-05 Exclusions
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This chapter does not apply to any person while under commitment to an institution for the mentally ill or mentally deficient.
N.D.C.C. § 29-33-06 Prisoners to be informed of chapter
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The warden or other official having custody of prisoners shall arrange for all prisoners to be informed in writing of the provisions of this chapter and for a record thereof to be placed in the prisoner's file.
N.D.C.C. § 29-33-07 Application and construction
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This chapter must be so applied and construed as to effectuate its general purpose to make uniform the law with respect to the subject of this chapter among those states which enact it.
N.D.C.C. § 29-33-08 Citation of chapter
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This chapter may be cited as the Uniform Mandatory Disposition of Detainers Act.
N.D.C.C. § 29-34-01 Agreement on detainers
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The agreement on detainers is hereby enacted into law and entered into by this state with all other jurisdictions legally joining therein in the form substantially as follows: The contracting states solemnly agree that: ARTICLE I The party states find that charges outstanding aga…
N.D.C.C. § 29-34-02 Definition - Appropriate court
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The phrase "appropriate court" as used in the agreement on detainers, with reference to the courts of this state, means any court with criminal jurisdiction in the matter involved.
N.D.C.C. § 29-34-03 Enforcement and cooperation directed
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All courts, departments, agencies, officers, and employees of this state and its political subdivisions are hereby directed to enforce the agreement on detainers and to cooperate with one another and with other party states in enforcing the agreement and effectuating its purpose.
N.D.C.C. § 29-34-04 Application of habitual criminal law not required
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Nothing in this chapter or in the agreement on detainers may be construed to require the application of the habitual criminal law of this state to any person on account of any conviction had in a proceeding brought to final disposition by reason of the use of said agreement.
N.D.C.C. § 29-34-05 Escape from custody
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Escape or attempt to escape from custody, whether within or without this state, while in the temporary custody of an authority of another state acting pursuant to the agreement on detainers constitutes an offense against the laws of this state. Such escape or attempt to escape co…
N.D.C.C. § 29-34-06 Lawful and mandatory to give over inmates
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It is lawful and mandatory upon the warden or other official in charge of a penal or correctional institution in this state to give over the person of any inmate thereof whenever so required by the operation of the agreement on detainers.
N.D.C.C. § 29-34-07 Attorney general shall be the administrator
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The attorney general is hereby designated as the officer who must be the central administrator of and information agent for the agreement on detainers as provided in Article VII of the agreement.