29-21 Trial
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it, and shall state the plea of the defendant to the jury.In all other cases thisformality may be dispensed with.2.The state's attorney, or other counsel for the state, shall open the case and offer the
evidence in support of the information or indictment.3.The defendant or the defendant's counsel then may open the defense and offer the
defendant's evidence in support thereof.4.The parties then, respectively, may offer rebutting testimony only, unless the court,
for good reason, in furtherance of justice, or to correct an evident oversight, permits
them to offer evidence upon their original case.5.When the evidence is concluded, unless the case is submitted to the jury on either
side, or on both sides, without argument, the counsel for the state shall commence,
and the defendant or the defendant's counsel shall follow. Then the counsel for the
state shall conclude the argument to the jury.6.The judge then shall charge the jury.29-21-02. Order of trial may be changed for cause. When the state of the pleadingsrequires it, or in any other case, for good reasons and in the sound discretion of the court, the
order of trial and argument prescribed in section 29-21-01 may be departed from.29-21-03. Court to decide questions of law. The court shall decide all questions of lawwhich arise in the course of the trial.29-21-04. Jurors generally determine only facts. On the trial of an information orindictment for any offense other than libel, questions of law are to be decided by the court, and,
although the jurors have the power to find a general verdict, which includes questions of law as
well as of fact, they are bound, nevertheless, to receive as law what is laid down as such by the
court.29-21-05. Presumption of innocence - Acquittal on reasonable doubt. A defendantin a criminal action is presumed to be innocent until the contrary is proved, and in case of a
reasonable doubt as to whether the defendant's guilt is satisfactorily shown, the defendant is
entitled to be acquitted.29-21-06.Doubt as to degree of crime.When it appears that a defendant hascommitted a public offense and there is reasonable ground to doubt in which of two or more
degrees the defendant is guilty, the defendant can be convicted of the lowest of such degrees
only.29-21-07. Persons jointly accused of crime jointly tried - Exceptions. Whenever twoor more persons are jointly charged with any crime, they must be tried jointly, subject to the
power of the court, in its discretion and for special reasons, to order separate trials as to one or
more of the defendants, and when tried jointly there may be joint or several convictions or
acquittals, as the jury may determine the facts.29-21-08. Defendant discharged to testify. When two or more persons are chargedwith an offense in the same information or indictment, the court, at any time before thePage No. 1defendants have gone into their defense, on the application of the state's attorney, may direct
any defendant to be discharged from the information or indictment, that that defendant may be a
witness for the state.29-21-09. Discharge to be witness for codefendant. Whenever two or more personsare charged with an offense in the same information or indictment, and the court is of the opinion
that in regard to a particular defendant there is not sufficient evidence to put that person on that
person's defense, it shall order that person to be discharged before the evidence is closed that
that person may be a witness for that person's codefendant.29-21-10. Such discharge an acquittal - Bar to further prosecution. The discharge ofa defendant under either of sections 29-21-08 and 29-21-09 is an acquittal of the offense charged
in the information or indictment, or any offense of which that person might have been found guilty
thereunder, and is a bar to another prosecution therefor.29-21-11.Defendant witness in own behalf.In the trial of a criminal action orproceeding before any court or magistrate of this state, whether prosecuted by information,
indictment, complaint, or otherwise, the defendant, at the defendant's own request and not
otherwise, must be deemed a competent witness, but the defendant's neglect or refusal to testify
does not create or raise any presumption of guilt against the defendant. Nor may such neglect or
refusal be referred to by any attorney prosecuting the case, or considered by the court or jury
before whom the trial takes place.29-21-12. Rules of evidence. Superseded by N.D.R.Crim.P., Rule 26; N.D.R.Ev., Rule101.29-21-12.1.Statements, admissions, or confessions procured by duress, fraud,threat, or promises inadmissible in any criminal action. Repealed by S.L. 1995, ch. 320,