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915. The grand jury must inquire into all public offenses committed or triable within the county, and present them to the court by indictment. 1905-694.

917. An indictment is an accusation in writing, presented by the grand jury to a competent court, charging a person with a public offense.

918. The foreman may administer an oath to any witness appearing before the grand jury,

919. In the investigation of a charge, the grand jury can receive no other evidence than such as is given by witnesses produced and sworn before them, or furnished by legal documentary evidence, or the deposition of a witness in the cases mentioned in the third subdivision of section six hundred and eighty-six. The grand jury can receive none but legal evidence, and the best evidence in degree, to the exclusion of hearsay or secondary evidence. 1905-694.

920. 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 other evidence within their reach will explain away the charge, they should order such evidence to be produced, and for that purpose may require the district attorney to issue process for the witnesses.

921. The grand jury ought to find an indictment when all the evidence before them, taken together, if unexplained or uncontradicted, would, in their judgment, warrant a conviction by a trial jury.

922. If a member or a grand jury knows, or has reason to believe, that a public offense, triable within the county, has been committed, he must declare the same to his fellow-jurors, who must thereupon investigate the same.

923. The grand jury must inquire into the case of every person imprisoned in the jail of the county on a criminal charge and not indicted; into the condition and management of the public prisons within the county; and into the wilfull or corrupt misconduct in office of public officers of every description within the county.


924. 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 within the county.

925. The grand jury may, at all times, ask the advice of the court, or the judge thereof, or of the district attorney; but unless such advice is asked, the judge of the court must not be present during the sessions of the grand jury. The district attorney of the county may at all times appear before the grand jury for the

purpose of giving information or advice relative to any matter cognizable by them, and may interrogate witnesses before them whenever he thinks it necessary; the grand jury, on the demand of the district attorney, whenever criminal causes are being investigated before them must appoint a competent stenographic reporter to be sworn and to report the testimony that may be given in such causes in shorthand, and to transcribe the same in all cases where an indictment is returned. If an indictment has been found against a defendant, a copy of the testimoy given in his case before the grand jury, shall be served upon him within five days after the discharge of the grand jury, or if the grand jury has not been discharged, at least five days before the cause is set for trial. The services of such stenographic reporter constitute a charge against the county. No person other than those specified in this and the succeeding section is permitted to be present during the session of the grand jury, except the members and witnesses actually under examination, and no person must be permitted to be present during the expression of their opinions, or giving their votes upon any matter before them. The grand jury or district attorney may require by subpoena the attendance of any person before the grand jury as interpreter, and such interperter may, while his services are necessary, be present at the examination of witnesses before the grand jury. The services of such interpreter constitute a charge against the county.


926. 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; but 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 such person for perjury in giving his testimony or upon trial therefor.

927. 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.

928. It shall be the duty of the grand jury annually to make a careful and complete examination of the books, records and accounts of all the officers of the county, and of every city and board of education within the county, and especially those pertaining to the revenue, and report as to the facts they have found, with such recommendations as they may deem proper and fit; and if, in their judgment, the services of an expert are necessary, they shall have power to employ one, at an agreed compen

sation, to be first approved by the court; and if, in their judgment, the services of assistants to such expert are required, they shall have power to employ such, at a compensation to be agreed upon and approved by the court. It shall be the duty of every grand jury first impaneled in even-numbered years to investigate and report upon the needs of all county officers in its county, including increase or decrease in salaries, number of officers, deputies or employees, the abolition or creation of offices and the equipment for, or the method or system of performing the duties of, the several offices, and it shall cause a copy of such report to be transmitted to each member of the legislature representing the county in which it has been impaneled before the commencement of the regular session of the legislature in odd-numbered years. The judge, on impanelment of the grand jury shall charge them especially as to their duties under this section; provided, that if any grand jury, shall, in the report above mentioned, comment upon any person or official who has not been indicted by the said grand jury the said comments shall not be deemed to be privileged.

Any and all expenses incurred under this section and also the per diem and mileage where allowed by law, of the grand jurors, shall be paid by the treasurer of the county out of the general fund of said county upon warrants drawn by the county auditor upon the written order of the judge of the superior court in said county. 1923-419.

929. The grand jury, after having investigated the books and accounts of the various officials of the county, as in the foregoing section provided, may order the district attorney of the said county to institute suit to recover any moneys that, in the judgment of the said grand jury, may from any cause be due the county, and the order of said grand jury, certified by the foreman of the said grand jury, filed with the county clerk of the said county, shall be full authority for the said district attorney to institute and maintain any such suit. 1897-205.

930. In the absence of the foreman of a grand jury from any meeting of the same or in the event of his disqualification to act, the grand jury may select a member of that body to act as foreman pro tem, who shall perform the duties of, and have all the powers of the regularly appointed foreman in the absence or disqualifications of such foreman. 1915-37.

931. It shall be the duty of the grand jury to investigate and inquire into all sales and transfers of land, and into the ownership of land, which under the laws of the State of California, might or should escheat to the State of California, and to this end to summon witnesses before it, and examine the same and the records, and when in their opinion the evidence justifies it to direct that proper escheat proceedings be commenced. 1921-76.



The Indictment.

Chapter I. Finding and Presentment of the Indictment.
II. Rules of Pleading and Form of the Indictment.


Finding and Presentment of the Indictment.

940. Indictment must be found by twelve jurors, etc.

941. Same, not found. Depositions returned, etc.

942. Effect of dismissal.


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found without the concurrence When so found it must be in

An indictment cannot be of at least twelve grand jurors. dorsed, "A true bill," and the endorsement must be signed by the foreman of the grand jury.

941. If twelve grand jurors do not concur in finding an indictment against a defendant who has been held to answer, the depositions and statement, if any, transmitted to them must be returned to the court, with an indorsement thereon, signed by the foreman, to the effect that the charge is dismissed.

942. The dismissal of the charge does not prevent its resubmission to a grand jury as often as the court may direct. But without such direction it cannot be resubmitted.

943. When an indictment is found, the names of the witnesses examined before the grand jury, or whose depositions may have been read before them, must be inserted at the foot of the indictment, or indorsed thereon, before it is presented to the court.

944. An indictment, when found by the grand jury, must be presented by their foreman, in their presence, to the court, and must be filed with the clerk.

945. When an indictment is found against a defendant not in custody, the same proceedings must be had as are prescribed in sections nine hundred seventy-nine to nine hundred eighty-four, inclusive, against a defendant who fails to appear for arraignment.

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948. All the forms of pleading in criminal actions, and the rules by which the sufficiency of pleadings is to be determined, are those prescribed by this code.

949. The first pleading on the part of the people is the indictor information.


950. The indictment or information must contain:

1. The title of the action, specifying the name of the court to which the same is presented, and the names of the parties;

2. A statement of the acts constituting the offense, in ordinary and concise language, and in such manner as to enable a person of common understanding to know what is intended. 1880-12.


day of

951. It may be sustantially in the following form: The people of the State of California against A. B., in the Superior Court of the County of A. D. eighteen A. B. is accused by the grand jury of the county of by this indictment of (or by the district attorney by this information), the crime of (giving its legal appellation, such as murder, arson, or the like, or designating it as felony or misde

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