Page:1862-63 Territory of Dakota Session Laws.pdf/119

110 Sec. 30. Upon such inquiry, if from the evidence, the grand jury believe any person charged with a public offense to be guilty of the same or any other public offense, they shall find an indictment against such person.

Sec. 31. In all cases, if upon investigation, the grand jury believe that a person is probably guilty of such offense, the grand jury shall proceed by presentment only.

Sec. 32. An indictment is an accusation in writing presented by a grand jury, to a competent court, charging a person with a public offense.

Sec. 33. A presentment is an informal statement in writing, by the grand jury, representing to the court that a public offense has been committed which is triable in the county, and that there is reasonable ground for believing that a particular individual, named or described, has committed it.

Sec. 31. The foreman may administer an oath to any witness appearing before the grand jury.

Sec. 35. In the investigation of a charge for the purpose of either presentment or indictment, the grand jury can receive no other evidence than:

1. Such as is given by witnesses, produced and sworn before them; or,

2. By legal, documentary or written evidence.

Sec. 36. The grand jury can receive none but legal evidence, and the best evidence in degree, to the exclusion of hearsay, or secondary evidence, except when such evidence would be admissible on the trial of the accused, for the offense charged.

Sec. 37. 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 shall order such evidence to be produced, and car that purpose may require the district attorney to issue process for the witnesses.

Sec. 38. The grand jury ought to find an indictment when all the evidence taken together is such as in their judgment would, if unexplained or uncontradicted, warrant a conviction by the trial jury.