Page:Revised Codes of the State of North Dakota 1895.pdf/1443

Information or Indictment. § 8012. Oath to witness. The foreman may administer an oath to any witness appearing bạfore the grand jury.

§ 8013. What evidence receivable. In the investigation of a charge for the purpose of either presentment or indictment or accusation, 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.

§ 8014. Evidence. Legal. Best. The grand jury can receive none but legal evidence and the best evidence in degree to the exclusion of hearsay or secondary evidence.

§ 8015. Evidence of the accused. The grand jury shall upon the request of the accused, and may of their own motion, hear the evidence of the accused. It is their duty to weigh all the evidence submitted to them and when they have reason to believe that there is other evidence they may order such evidence to be produced and for that purpose the state's attorney shall issue process for the witnesses.

§ 8016. When indictment ought to be found. The grand jury ought to find an indictment when all the evidence bəfore them, taken together, is such as in their judgment would warrant a conviction by the trial jury.

§ 8017. Member must give evidence. If a member of the grand jury knows or has reason to believe, that a public offense has been committed, which is triable in the county or subdivision, he must declare the same to his fellow jurors, who must thereupon investigate the same.

§ 8018. Concerning what grand jury must inquire. The grand jury must inquire:

1. Into the case of every person imprisoned in the jail of the county or subdivision, on a criminal charge, and not indicted.

2. Into the condition and management of the public prisons in the county or subdivision; and,

3. Into the willful and corrupt misconduct in office of public officers of every description in the county or subdivision.

§ 8019. Entitled to access to prisons and public records. They are also entitled to free access at all reasonable times, to public prisons, and to the examination, without charge, of all public records in the county:

§ 8020. Jury's privilege. Advice. Court. State's attorney. The grand jury may at all reasonable times ask the advice of the court or of the state's attorney. The state's attorney may at all times appear before the grand jury for the purpose of giving information or advice relative to any matter cognizable before them, and may interrogate witnesses before them whenever he thinks it necessary; but no other person is permitted to be present during their sessions except the members and a witness actually under examination, and no person whomsoever must be permitted to be present during the expression of their opinions or the giving of their votes upon any matter before them.

§ 8021. Secrecy. Things said. Votes. Every member of the grand jury must 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.

§ 8022. When juror may disclose. A member of the grand jury may, however, be required by any court to disclose the testimony

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