Page:1887 Compiled Laws of Dakota Territory.pdf/1187

Formation of Grand Jury.

§ 7188. All public offenses triable in the district courts must be prosecuted by indictment, except as provided in the next section.

§ 7189. When the proceedings are had for the removal of county, township, city, municipal or territorial officers, they may be commenced by an accusation in writing as provided in title 3 of this code.

§ 7190. A grand jury is a body of men consisting of not less than sixteen nor more than twenty-three jurors impaneled and sworn to inquire into and true presentment make of all public offenses against the territory committed or triable within the county or subdivision for which the court is holden.

§ 7191. Whenever challenges to individual grand jurors is allowed, the court shall make an order to the sheriff, deputy sheriff, or coroner, to summon without delay, from the body of the county or subdivision, a sufficient number of persons to complete or to form a grand jury.

§ 7192. No indictment shall be found, nor shall any presentment or accusation be made, without the concurrence of at least twelve grand jurors.

§ 7193. The territory, or a person held to answer a charge for a public offense, may challenge the panel of a grand jury, or an individual grand juror.

§ 7194. A challenge to the panel may be interposed by either party for one or more of the following causes only:

1. That the requisite number of ballots was not drawn from the jury box of the county or subdivision.

2. That notice of the drawing of the grand jury was not given.

3. That the drawing was not had in the presence of the officers designated by law, or in the manner prescribed by law.

§ 7195. If a challenge to the panel be allowed, the grand jury must be discharged.

§ 7196. A challenge to an individual grand juror may be interposed by either party, for one or more of the following causes only:

1. That he is a minor.

2. That he is not a qualified elector.

3. That he is otherwise disqualified under any of the provisions of article 5, chapter 8 of the political code.