§1. Definition and kinds of challenge. A challenge is an objection made to a trial jury, and is of two kinds: First. To the panel; Second. To an individual juror. § 2. Defendants must join in challenge. When several defendants are tried together, they cannot sever the challenges, but shall join therein. $3. Challenge to panel defined. A challenge to the panel is an objection made to all the petit or trial jurors returned, and may be taken by either party. § 4. Same-to be founded on what. A challenge to the panel can be founded only on a material departure from the forms prescribed by law, in respect to the drawing and return of the jury. 13 M. 341. § 5. Same when and how taken. A challenge to the panel shall be taken before a jury 1s sworn, and shall be in writing, specifying plainly and distinctly the facts constituting the ground of challenge. 1 M. 257 (347). § 6. Exception to challenge-how made, etc. If the sufficiency of the facts alleged as ground of challenge is denied, the adverse party may except to the challenge; the exception need not be in writing, but shall be entered upon the minutes of the court; and thereupon the court shall proceed to try the sufficiency of the challenge, assuming the facts alleged therein to be true. § 7. Same-may be withdrawn, etc.-amendment of challenge. If, on the exception, the court deems the challenge sufficient, it may, if justice requires it, permit the party excepting to withdraw his exception, and to deny the facts alleged in the challenge; if the exception is allowed, the court may, in like manner, permit an amendment of the challenge. § 8. Denial of challenge-proceedings. If the challenge is denied, the denial may, in like manner, be oral, and shall be entered upon the minutes of the court, and the court shall proceed to try the question of fact. § 9. Evidence on trial of challenge. Upon the trial of the challenge, the officers, whether judicial or ministerial, whose irregularity is complained of, as well as any other persons, may be examined to prove or disprove the facts alleged as the ground of the challenge. 13 M. 341. § 10. Defendant to be told when challenge must be made. Before a juror is called, the defendant shall be informed by the court, or under its direction, that if he intends to challenge an individual juror, he shall do so when the juror appears, and before he is sworn. $11. Challenge to individual juror. A challenge to an individual juror is either: First. Peremptory; or, Second. For cause. § 12. Same-when taken. It shall be taken when the juror appears, and before he is sworn; but the court may, for good cause, permit it to be taken after the juror is sworn, and before the jury is completed. 1 M. 257 (347); 4 M. 340 (438). § 13. Peremptory challenge defined-who may take. A peremptory challenge can be taken either by the state or by the defendant, and may be oral. It is an objection to a juror for which no reason need be given, but upon which the court shall exclude him. (As amended 1868, c. 86, § 1.) § 14. Peremptory challenge-number allowed. If the offence charged is punishable with death, or with imprisonment in the state prison for life, the state is entitled to seven peremptory challenges, and the defendant to twenty peremptory challenges. On a trial for any other offence, the state is entitled to two peremptory challenges, and the defendant to five peremptory challenges. amended 1868, c. 86, § 2.) (Ås § 15. Who may challenge for cause. A challenge for cause may be taken either by the state or by the defendant. $ 16. Challenge for cause defined. It is an objection to a particular juror, and is either: First. General, that the juror is disqualified from serving in any case; or, Second. Particular, that he is disqualified from serving in the case on trial. §17. General causes of challenge. General causes of challenge are: First. A conviction for a felony. Second. A want of any of the qualifications prescribed by the laws to render a person a competent juror. Third. Unsoundness of mind, or such defect in the faculties of the mind, or organs of the body, as renders him incapable of performing the duties of a juror. § 18. Particular causes of challenge. Particular causes of challenge are of two kinds: First. For such a bias, as, when the existence of the facts is ascertained, in judgment of law disqualifies the juror, and which is known in this chapter as implied bias: Second. For the existence of a state of mind on the part of the juror, in reference to the case or to either party, which satisfies the triers, in the exercise of a sound discretion, that he cannot try the issue impartially and without prejudice to the substantial rights of the party challenging, and which is known in this statute as actual bias. § 19. Causes of challenge for implied bias. A challenge for implied bias may be taken for all or any of the following causes, and for no other. 19 M. 484. First. The consanguinity or affinity, within the ninth degree, to the person alleged to be injured by the offence charged, or to the person on whose complaint the prosecution was instituted, or to the defendant, or to any one of the attorneys, either for the prosecution or for the defence. 20 M. 313. Second. Standing in relation of guardian and ward, attorney and client, master and servant, landlord and tenant, or being a member of the family of the defendant, or of the person alleged to be injured by the offence, or on whose complaint the prosecution was instituted, or in his employment ou wages. Third. Being a party adverse to the defendant in a civil action, or having complained against, or been accused by him, in a criminal prosecution. Fourth. Having served on the grand-jury which found the indictment, or on a coroner's jury which inquired into the death of the person whose death is the subject of indictment. Fifth. Having served on a trial jury, which has tried another person for the offence charged in the indictment. Sixth. Having been one of a jury formerly sworn to try the same indict ment, and whose verdict was set aside, or which was discharged without a verdict, after the cause was submitted to it. 18 M. 82. Seventh. Having served as a juror in a civil action, brought against the defendant for the act charged as an offence. Eighth. If the offence charged is punishable with death, the entertaining of such conscientious opinions, as would preclude his finding the defendant guilty, in which case he shall neither be permitted nor compelled to serve as a juror. (As amended 1878, c. 24, § 1.) § 20. Cause of challenge for actual bias. A challenge for actual bias may be taken for the cause mentioned in the second subdivision of section eighteen, and for no other cause. § 21. Exemption from jury duty not a cause. An exemption from service on a jury is not a cause of challenge, but the privilege of the person exempted. § 22. Causes of challenge, how stated. In a challenge for implied bias, one or more of the causes stated in section nineteen shall be alleged; in a challenge for actual bias, the cause stated in the second subdivision of section eighteen shall be alleged; in either case, the challenge may be oral, but shall be entered upon the minutes of the court. $23. Exception or denial of challenge. The adverse party may except to the challenge, in the same manner as to a challenge to a panel, and the same proceedings shall be had thereon as prescribed in sections five, six and seven, except that, if the exception is allowed, the juror shall be excluded. The adverse party may also orally deny the facts alleged as the ground of challenge. $24. Trial of challenge. If the facts are denied, the challenge shall be tried as follows: First. For implied bias, by the court; Second. For actual bias, by triers, unless, in cases not capital, the parties consent to a trial by the court. 6 M. 224 (319). § 25. Triers shall be appointed. The triers shall be three impartial persons, not on the jury panel, appointed by the court. All challenges for actual bias shall be tried by the triers thus appointed, a majority of whom may decide. § 26. Triers to be sworn. The triers shall be sworn generally to inquire whether or not the several persons who may be challenged, and in respect to whom the challenges are given to them in charge, are true, and to decide the same according to evidence. 12 M. 538. § 27. Juror challenged may be examined. Upon the trial of a challenge to an individual juror, the juror challenged may be examined as a witness, to prove or disprove the challenge, and is bound to answer every question pertinent to the inquiry therein. § 28. Rules of evidence on trial. Other witnesses may also be examined on either side; and the rules of evidence applicable to the trial of other issues shall govern the admission or exclusion of testimony on the trial of the challenge. § 29. Court shall determine implied bias. On the trial of a challenge for implied bias, the court shall determine the law and the fact, and either allow or disallow the challenge, and direct an entry accordingly upon the minutes. § 30. Actual bias-instructions to triers. On the trial of a challenge for actual bias, when the evidence is concluded, the court shall instruct the triers that it is their duty to find the challenge true, if the evidence establishes the existence of a state of mind on the part of the juror in reference to the case, or to either party, which satisfies them, in the exercise of a sound discretion, that he cannot try the issue impartially and without prejudice to the substantial rights of the party challenging; and that, if otherwise, they shall find the challenge not true. The court can give them no other instruction. § 31. Decision of triers-effect. The triers shall thereupon find the challenge either true or not true, and their decision is final. If they find it true, the juror shall be excluded. 4 M. 340, (438.) § 32. Defendant shall first challenge. All challenges to an individual juror shall be taken first by the defendant, and then by the state; and each party shall exhaust all his challenges before the other begins. 20 M. 376. § 33. Challenges-in what order taken. The challenges of either party need not all be taken at once; but they may be taken separately, in the following order, including in each challenge all the causes of challenge belonging to the same class: First. To the panel; Second. To an individual juror, for a general disqualification; § 1. Removal to supreme court-how and when made. Criminal cases may be removed by the defendant to the supreme court, by appeal or writ of error, at any time within six months after judgment, or after the decision of a motion denying a new trial; but if the order denying a new trial is affirmed upon hearing upon the merits, no appeal shall be allowed from the judgment. (As amended 1870, c. 76, § 2.) 2 M. 99 (123), 187 (224); 8 M. 185 (214); 10 M. 45 (63); 21 M. 462. § 2. Stay of proceedings, how obtained. When an appeal is taken, it shall not stay the execution of the judgment, unless an order to that effect is made by the judge who tried the cause, or a judge of the supreme court. Notice of the appeal and the order staying proceedings, if any, shall be filed with the clerk of the court where the judgment is entered, and served on the attorney general. § 3. Writ of error, by whom allowed. No writ of error upon a judgment for any capital offence shall issue, unless allowed by one of the judges of the supreme court, after notice given to the attorney general. $ 4. Writ of error not a stay, unless ordered. Writs of error upon judgment in all other criminal cases shall issue of course, but they shall not stay or delay the execution of the judgment or sentence, unless allowed by one of the judges of the supreme court with an express order thereon for a stay of proceedings on the judgment or sentence. $5. Return to supreme court. Upon an appeal being perfected, or a writ of error filed with him, the clerk shall transmit to the supreme court a copy of the judgment roll, and of the bill of exceptions, if any. § 6. Bill of exceptions—allowance, etc. Any person who is convicted of a crime before the district court or court of common pleas aforesaid, being aggrieved by any opinion, direction or judgment of the court in any matter of law, may allege exceptions to such opinion, direction or judgment; which exceptions, being reduced to writing in a summary manner, and presented to the court any time before the end of the term, or at any special term thereafter which the court may designate for such purpose, and being found conformable to the truth of the case, shall be allowed and signed by the judge, and may be used on a motion for a new trial, and, when judgment is rendered, shall be attached to and become a part of the judgment-roll. (As amended 1870, c. 76, § 3.) 4 M. 286 (379); 23 M. 352. § 7. Proceedings in appellate court. No assignment of errors or joinder in error is necessary upon any writ of error issued in a criminal case; but the court shall proceed on the return thereto, and render judgment upon the record before them, If the court affirms the judgment, it shall direct the sentence pronounced to be executed, and the same shall be executed accordingly. If it reverses the judgment rendered, it shall either direct a new trial, or that the defendant be absolutely discharged, as the case may require. 964 JUDGMENTS IN CRIMINAL CASES AND THE EXECUTION THEREOF. [CHAP § 8. Recognizance on appeal, when allowed, etc. If, upon appeal or writ of error, a party is admitted to bail, he may recognize to the state of Minnesota in such sum as the judge shall order, with sufficient sureties, for his personal appearance at the supreme court of the then next term thereof, and to enter and prosecute his exceptions with effect, and abide the sentence thereon, and in the meantime keep the peace, and be of good behavior; and the judge may, in his discretion, allow any person so to recognize, charged with an offence not punishable with death. § 9. Defendant committed, when copy of record to be filed, etc. If any person, so appealing or taking a writ of error, does not so recognize, he shall be committed to prison to await the decision of the supreme court; and, in that case, the clerk of the court in which the conviction was had, shal! file a certified copy of the record and proceedings in the case in the supreme court, and the court shall have cognizance thereof, and consider and decide the questions of law, and shall render judgment or make such order thereon as law and justice require; and if a new trial is ordered, the cause shall be remanded to the said district court for such new trial. 3 M. 169 (246.) § 10. Dismissal of appeal-not to preclude another. If any of the provisions herein made requisite to the taking of an appeal or a writ of error are not complied with, the supreme court may dismiss the same; but no discontinuance or dismissal of an appeal or writ of error in the supreme court shall preclude the party from suing out another writ of error, or taking another appeal, in the same cause, within the time limited by law. § 11. Certifying proceedings to supreme court-stay. If upon the trial of any person who shall be convicted in any district court, or in the court of common pleas of Ramsey county, or if, upon any demurrer to an indictment, or to a special plea or pleas to an indictment, or upon any motion upon or relating to an indictment, any question of law shall arise, which, in the opinion of the judge of such court, shall be so important or so doubtful as to require the decision of the supreme court, he shall, if the defendant desire it or consent thereto, report the case, so far as may be necessary to present the question or questions of law arising therein, and certify the said report to the supreme court of the state; and thereupon all proceedings in said cause shall be stayed until the decision of said supreme court shall be made. (1870, c. 76, § 1.) 23 M. 29, 31. *$ 12. Same to stay other cases, when. Other criminal causes in said court involving or depending upon the same questions may, if the defendants desire or consent thereto, be stayed in like manner until the decision of the cause so certified. (Id.) *§ 13. Applicable to pending cases. The two foregoing sections shall be construed to apply to any criminal causes now pending in the said courts, (Id.) |