274. Ruling on Challenge-The court must allow or disallow the challenge and the clerk must enter its decision upon the minutes if demanded. (5702 R. L. 1910) 275. Effect of Challenge Allowed-If a challenge to an individual grand juror is allowed he cannot be present at, or take part in the consideration of the charge against the defendant who interposed the challenge, or the deliberations of the grand jury thereon. (5703 R. L. 1910) Grand juror acting after challenge, see sec. 1637. 276. Violation of Last Section-The grand jury must inform the court of a violation of the last section and it is punishable by the court as a contempt. (5704 R. L. 1910) 277. Challenge Before Jury Is Sworn-Neither the State nor a person held to answer a charge for a public offense can take advantage of any objection to the panel or to an individual grand juror unless it be by challenge, and before the grand jury is sworn, except that after the grand jury is sworn, and before the indictment is found, the court may, in its discretion, upon a good cause shown, receive and allow a challenge. (5705 R. L. 1910) 278. New Grand Jury in Certain Cases-If the grand jury is discharged by the allowance of a challenge to the whole panel, or if from any cause, in the opinion of the court, another grand jury may become necessary, the court may, in its discretion, order that another grand jury be summoned. R. L. 1910) (5706 279. Special Grand Jury-A grand jury formed and impaneled as to and in a particular case after a challenge or challenges to individual grand jurors have been allowed, shall be sworn to act only in such particular case; and as to all other cases at the same term of the court, the grand jury shall be formed in the usual manner provided by law. (5707 R. L. 1910) 280. To Appoint Foreman-From the persons summoned to serve as grand jurors, and appearing, the court must appoint a foreman. The court must also appoint a foreman when a person already appointed is discharged or excused before the grand jury are dismissed. (5708 R. L. 1910) 281. Oath to Foreman-The following oath must be administered to the foreman of the grand jury: You, as foreman of this jury, shall diligently inquire into, and true presentment make, of all public offenses against this State, committed or triable within this county (or subdivisions) of which you shall have or can obtain legal evidence. You will keep your own counsel and that of your fellows and of the State, and will not, except when required in the due course of judicial proceedings, disclose the testimony of any witness examined before you, nor anything which you or any other grand juror may have said, nor the manner in which you or any cther grand juror may have voted on any matter before you. You shall present no person through malice, hatred, or ill will, nor leave any unpresented through fear, favor, or affection, or for any reward, or promise or hope thereof; but in all your presentments, or indictments, you shall present the truth, the whole truth, and nothing but the truth, according to the best of your skill and understanding. So help you God. (5709 R. L. 1910) 282. Oath to Other Jurors-The following oath must be immediately thereupon administered to the other grand jurors present: The same oath which your foreman has now taken before you on his part, you and each of you shall well and truly observe on your part. So help you God. (5710 R. L. 1910) 283. Charge to Grand Jury-The grand jury, being impaneled and sworn, must be charged by the court. In doing so the court must give them such information as it may deem proper as to the nature of their duties, and as to any charges for public offenses returned to the court, or likely to come before the grand jury. (5711 R. L. 1910) 284. Jury to Retire The grand jury must then retire to a private room and inquire into the offenses cognizable by them. (5712 R. L. 1910) 285. Grand Jury Clerk-The grand jury must appoint one of their number as clerk, who must preserve minutes of their proceedings, except of the votes of the individual members, and of the evidence given before them. (5713 R. L. 1910) This section does not require the evidence before the jury to be preserved. It means minutes of the evidence, which would be merely a memorandum. Pilgrom v. State, 3 Okla. Cr. 49. 286 Discharge of Grand Juror-A member of the grand jury may, for ill health of himself or immediate family, or other cause rendering him unable to serve, be discharged before the term is ended or the labor of the grand jury completed; or if the judge becomes satisfied that any grand juror is wilfully refusing to discharge his duty, the court may order his discharge. In either event, or in case of the death of one or more grand jurors, as many names as the court may order shall be drawn from the jury box in the same manner the original grand jurors were drawn, and from the names so drawn there shall be summoned as many grand jurors as can be found and are able to attend as necessary, and if found they shall be summoned in the order in which their names were drawn from the box. If the number be not thus obtained there shall be another drawing in the same manner. When a sufficient number so drawn appears to fill the panel, the grand jury shall, in open court, be re-impaneled, but subject to challenge and be charged and sworn in the same manner as when the grand jury was originally impaneled. (5714, R. L. 1910) Absence of presiding judge does not discharge jury while an assigned judge is presiding. Terr. v. Terrell, 11 Okla. 449. 287. Discharge of Grand Jury-On the completion of the business before the grand jury, or whenever the court shall be of the opinion that the public interests will not be subserved by further continuance of the session, the grand jury must be discharged, but whether the business be completed or not they are discharged by the final adjournment of the court, or by the judge of that district holding court in some other county of the state. (5715, R. L. 1910) 288. Duty of County Attorney-Whenever required by the grand jury, it shall be the duty of the county attorney of the county to attend them for the purpose of examining witnesses in their presence or of giving them advice in any legal manner, and to issue subpoenas and other process to enforce the attendance of witnesses, and to draw up bills of indictments when found by such grand jury. (1562, R. L. 1910) 298. Proceedings Secret-Every member of the grand jury must keep secret whatever he himself or any other grand juror may have said, or in what manner he or any other grand juror may have voted on a matter before them. (5727, R. L. 1910) Proceedings not to be published before indictment returned nor before arrests made. Burk et al. v. Terr., 2 Okla. 449. 290. General Powers and Duties of Grand Jury-The grand jury has power to inquire into all public offenses committed or triable in the county or subdivision, and to present them to the court by indictment or accusation in writing. (5716 R. L. 1910) Power of court to receive or withhold report of. Burk et al. v. Terr., 2 Okla. 449. 291. Subjects for Inquiry by Grand Jury-The grand jury must inquire: First. Into the case of every person imprisoned in the jail of the county or subdivision, on a criminal charge, and not indicted. Second. Into the condition and management of the public prisons in the county or subdivision; and, Third. Into the wilful and corrupt misconduct in office of public officers of every description in the county or subdivisions. (5724, R. L. 1910) 292. Foreman to Swear Witness-The foreman may administer an oath to any witness appearing before the grand jury. (5718, R. L. 1910) 293. Evidence Before Grand Jury-In the investigation of a charge for the purpose of presenting an indictment or accusation, the grand jury may receive the written testimony of the witnesses taken in a preliminary examination of the same charge, and also the sworn testimony prepared by the county attorney, without bringing those witnesses before them, and may hear evidence given by witnesses produced and sworn before them, and may also receive legal documentary evidence. (5719, R. L. 1910) Error to refuse defendant's application to set aside indictment on grounds that same was not based on evidence, etc. Royce v. Terr., 5 Okla. 61; Hayes v. State, 3 Okla. Cr. 1, 103 Pac. 1061. 294. Hearsay Inadmissible-The grand jury may not receive hearsay or secondary evidence. (5720, R. L. 1910) The reception of hearsay or secondary evidence is not a ground for setting aside an indictment. Robinson v. Terr., 16 Okla. 241. 295. Evidence for Defendant-The grand jury is not bound to hear evidence for the defendant, but it is their duty to weigh all the evidence submitted to them, and when they have reason to believe that there is other evidence they may, by and with the consent of the county attorney, order such evidence to be produced, and for that purpose the county attorney may issue process for the witnesses. (5721, R. L. 1910) 296. Members to Give Evidence-If a member of the grand jury knows, or has reason to believe, that a public offense has been committed, which is triable in the county or subdivision, he must declare the same to his fellow jurors, who must thereupon investigate the same. (5723, R. L. 1910) 297. Grand Juries Shall Examine Prisons-The grand jury at each term of the district court, shall make personal inspection of the condition of the county prison, as to the sufficiency of the same for the safe-keeping of prisoners, their convenient accommodation and health, and shall inquire into the manner in which the same has been kept since the last term, and the court shall give this duty in special charge to such grand jury and lay before them all rules and regulations in force relating to county jails and prison discipline; and it shall be imperative upon the board of county commissioners to issue the necessary orders, or cause to be made the necessary repairs, in accordance with the complaint or recommendation of the grand jury. (4597 R. L. 1910) 298. Access to Prisons and Records-They are also entitled to free access at all reasonable times to the public prisons and to the examination, without charge, of all public records in the county. (5725, R. L. 1910) 299. Who May Be Present-The grand jury may at all reasonable times ask the advice of the court or of the county attorney. The county attorney may at all times appear before the grand jury for the purpose of giving information or advice relative to any matter cognizable before them and may interrogate witnesses before them whenever he thinks it necessary; but no other person is permitted to be present during their sessions except the members and a witness actually under examination and no person whosoever must be permitted to be present during the expression of their opinions or the giving of their votes upon any matter before them. (5726, R. L. 1910) Assistant county attorney may appear before grand jury. Fooshee v. State, 3 Okla. Cr. 667, 108 P. 554. No person except the witness and the attorney authorized to represent the state, can be present during an investigation. Nor can a county attorney, when he is disqualified from appearing himself, appoint a deputy to appear. Hartgraves v. State, 5 Okla. Cr. 266, 114 P. 343. See, also, State v. Maben, 5, Okla. Cr. 581, 114 P. 1122. 300. When Juror May Disclose Proceedings-A member of the grand jury may, however, be required by any court to disclose the testimony of a witness examined before the grand jury for the purpose of ascertaining whether it is consistent with that given by the witness before the court, or to disclose the testimony given before them by any person, upon a charge against him for perjury in giving his testimony or upon his trial therefor. (5728, R. L. 1910) This establishes competency of juror as witness in prosecution for perjury of witness who testified. before jury. Pilgrim v. State, 3 Okla. Cr. 49, 104 P. 383. 301. Privilege as to Actions of Jury—A grand juror cannot be questioned for anything he may say, or any vote he may give in the grand jury relative to a matter legally pending before the jury, except for a perjury of which he may have been guilty in making an accusation or giving testimony to his fellow jurors. (5729, R. L. 1910) 302. Indictment to Be Found, When-The grand jury ought to find an indictment when all the evidence before them, taken |