Evidence receivable before the

Grand Jury.

Grand Jury not bound to hear evidence for the defendant, but may order explanatory evidence, etc.

Degree of evidence to

indictment.

919. (§§ 209, 210.) In the investigation of a charge for the purpose of either presentment or indictment, 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 686. The Grand Jury can receive none but legal evidence, and the best evidence in degree, to the exclusion of hearsay or secondary evidence.

NOTE.-Depositions taken before a magistrate upon the examination of the accused may be used before the Grand Jury.-People vs. Steuart, 4 Cal., p. 218. The defendant may testify before the Grand Jury.-People vs. King, 28 Cal., p. 265.

920. (§ 211.) 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. (§ 212.) The Grand Jury ought to find an warrant indictment when all the evidence before them, taken together, if unexplained or uncontradicted, would, in their judgment, warrant a conviction by a trial jury.

Grand Jurors must declare

their knowledge

NOTE. When all the evidence before the Grand Jury taken together is such as in the judgment of the jurors would, if unexplained or uncontradicted, warrant a conviction, an indictment ought to be found; but if such evidence would not warrant such conviction, an indictment ought not to be found.-People vs. Linder, 19 Cal., p. 539. The Grand Jury are not to determine the degree of murder.-People vs. Nichol, 34 Cal., p. 211.

922. (§ 213.) If a member of a Grand Jury knows, commission or has reason to believe, that a public offense, triable

as to

of public

offense. within the county, has been committed, he must de

clare the same to his fellow jurors, who must thereupon investigate the same.

923. (§ 214.) 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 willful and corrupt misconduct in office of public officers of every description within the county.

924. (§ 215.) 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.

Must cases of impris

inquire into

persons oned, etc.

Entitled to public

access to

prison, etc.

When and they may

from whom

ask advice,

and who

may be present

their

925. (§ 216.) The Grand Jury may, at all reasonable 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 during present during the sessions of the Grand Jury. The sessions. 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 they or he thinks it necessary; but no other person is permitted to be present during the sessions 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.

NOTE.-Stats. 1863, p. 158, Sec. 6.

Stats. 1871-2, p. 540.

An Act in relation to interpreters before Grand

Juries.

[Approved March 23, 1872.]

[Enacting clause.]

SECTION 1. The Grand Jury or District Attorney may require, by subpoena, the attendance of any person

before the Grand Jury as interpreter; and the interpreter may be present at the examination of witnesses before the Grand Jury.

SEC. 2. This Act shall be in force from and after its passage.

Secrets of

Grand Jury

except, etc.

926.

(SS 217, 218.)

Every member of the Grand to be kept. 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.

Grand
Juror

not to be questioned for his conduct,

except, etc.

NOTE.-The obligation of secrecy is imposed on Grand Jurors for the benefit of the public, and not for the benefit of witnesses before them. It follows, therefore, that such witnesses cannot take advantage of this obligation in a criminal prosecution against them.People vs. Young, 31 Cal., p. 563.

927. (§ 219.) A Grand Juror cannot be ques tioned 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.

CHAPTER IV.

PRESENTMENT AND PROCEEDINGS THEREON.

SECTION 931. Presentment must be by twelve Grand Jurors, etc.
932. Must be presented to the Court and filed.
933. If the facts stated in the presentment constitute a public
offense, the Court must direct a bench warrant.

934. Bench warrant, by whom and how issued.

SECTION 935. Form of bench warrant.

936. Bench warrant, how served.

937. Proceedings of magistrate on defendant being brought
before him.

ment must

twelve

931. (§ 220.) A presentment cannot be found Presentwithout the concurrence of at least twelve Grand be by Jurors. When so found it must be signed by the foreman.

be

932. (§ 221.) The presentment, when found, must presented by the foreman, in presence of the Grand Jury, to the Court, and must be filed with the Clerk.

present

933. (§ 224.) If the facts stated in the ment constitute a public offense, triable in the county, the Court must direct the Clerk to issue a bench warrant for the arrest of the defendant.

Jurors, etc,

direct a bench warrant.

Bench

warrant, by whom

issued.

934. (§ 225.) The Clerk, on the application of the Judge or District Attorney, may accordingly, at any hy hom time after the order, whether the Court be sitting or not, issue a bench warrant, under his signature and the seal of the Court, into one or more counties.

935. (§ 226.) The bench warrant, upon present Form of ment, must be substantially in the following form:

COUNTY OF

The People of the State of California to any Sheriff,
Constable, Marshal, or Policeman in this State:
A presentment having been made on the day
of, eighteen, to the County Court of the
County of- charging C. D. with the crime of
(designating it generally), you are therefore com-
manded forthwith to arrest the above named C. D.
and take him before E. F., a magistrate of this
county; or, in case of his absence or inability to act,
before the nearest and most accessible magistrate in
this county.

Given under my hand, with the seal of said Court affixed, this day of, A. D. eighteen

By order of the Court. [SEAL.]

G. H., Clerk.

NOTE.-Stats. 1863, p. 159, Sec. 8.

bench warrant.

Bench

warrant,

936. (§ 227.) The bench warrant may be served

how served in any county, and the officer serving it must proceed

Proceedings of

on defend

thereon as upon a warrant of arrest on an information, except that when served in another county, it need not be indorsed by a magistrate of that county.

937. (§ 228.) The magistrate, when the defendmagistrate ant is brought before him, must proceed upon the charges contained in the presentment, in the same manner as upon a warrant of arrest on an information.

ant being brought

before him.

TITLE V.

OF THE INDICTMENT.

CHAPTER I. Finding and presentment of the indictment.
II. Rules of pleading and form of the indict-

ment.

Indict

ment must be found by twelve jurors, indorsed, etc.

CHAPTER I.

FINDING AND PRESENTMENT OF THE INDICTMENT.

SECTION 940. Indictment must be found by twelve jurors, indorsed,

etc.

941. If not found depositions, etc., must be returned to

Court, etc.

942. Effect of dismissal.

943. Names of witnesses inserted at foot of indictment.

944. Indictment, how presented and filed.

945. Proceedings when defendant is not in custody.

940. (§ 229.) An indictment cannot be found without the concurrence of at least twelve Grand Jurors. When so found it must be indorsed, "A true bill," and the indorsement must be signed by the foreman of the Grand Jury.