Section 19-1105 – EVIDENCE RECEIVABLE BY GRAND JURY.
19-1105. EVIDENCE RECEIVABLE BY GRAND JURY. In the investigation of a charge for the purpose of either presentment or indictment, the grand jury can receive any evidence that is given by witnesses produced and sworn before them except as hereinafter provided, furnished by legal documentary evidence, the deposition of a witness in the cases provided […]
Section 19-1122 – SELF-INCRIMINATION — REFUSAL TO TESTIFY OR GIVE EVIDENCE — PROCEDURE.
19-1122. SELF-INCRIMINATION — REFUSAL TO TESTIFY OR GIVE EVIDENCE — PROCEDURE. If in any proceedings before a special inquiry judge, a person refuses, or indicates in advance a refusal, to testify or provide evidence of any other kind on the ground that he may be incriminated thereby, and if a prosecuting attorney requests the court […]
Section 19-1106 – EVIDENCE FOR DEFENDANT.
19-1106. 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 other evidence within their reach will explain away the charge, they should order such evidence to be produced, […]
Section 19-1123 – SECRECY ENJOINED — EXCEPTIONS — USE AND AVAILABILITY OF EVIDENCE.
19-1123. SECRECY ENJOINED — EXCEPTIONS — USE AND AVAILABILITY OF EVIDENCE. (1) No individual, who is present during a special inquiry judge proceeding or who shall gain information with regard to said inquiry, shall disclose the testimony of a witness examined before the special inquiry judge or other evidence received by him, except such testimony […]
Section 19-1107 – SUFFICIENCY OF EVIDENCE TO WARRANT INDICTMENT.
19-1107. SUFFICIENCY OF EVIDENCE TO WARRANT INDICTMENT. 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. History: [(19-1107) Cr. Prac. 1864, sec. 208, p. 238; R.S., R.C., & C.L., sec. 7636; C.S., sec. […]
Section 19-1108 – DUTY OF JUROR HAVING KNOWLEDGE OF OFFENSE.
19-1108. DUTY OF JUROR HAVING KNOWLEDGE OF OFFENSE. If a member of 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. History: [(19-1108) Cr. Prac. 1864, sec. 209, p. […]
Section 19-1110 – ACCESS TO PRISONS AND PUBLIC RECORDS.
19-1110. ACCESS TO PRISONS AND PUBLIC 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 within the county. History: [(19-1110) Cr. Prac. 1864, sec. 211, p. 238; R.S., R.C., & C.L., sec. 7639; C.S., sec. 8798; I.C.A., sec. […]
Section 19-1111 – WHO MAY BE PRESENT AT SESSIONS OF JURY.
19-1111. WHO MAY BE PRESENT AT SESSIONS OF JURY. The grand jury may, at all reasonable times, ask the advice of the court, or the judge thereof, or of the prosecuting attorney; but unless such advice is asked, the judge of the court must not be present during the sessions of the grand jury. The […]
Section 19-1112 – PROCEEDINGS TO BE SECRET.
19-1112. PROCEEDINGS TO BE 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; and such matters shall be subject to disclosure according to chapter 1, […]
Section 19-1113 – JUROR NOT TO BE QUESTIONED.
19-1113. JUROR NOT TO BE QUESTIONED. 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 […]