understanding, so help you God." [Amendment approved 1874; Code Amdts. 1873-74, p. 437.] Legislation § 903. 1. Enacted February 14, 1872 (N. Y. Code Crim. Proc., § 245); based on Crim. Prac. Act, Stats. 1851, p. 233, $191, which read: "§ 191. The following oath shall be administered to the foreman of the grand jury: 'You, as foreman of the grand jury, shall diligently inquire into, and true presentment make, of all public offenses against the people of this state, committed or triable within this county, of which you have or can obtain legal evidence. You shall present no person through malice, hatred, or ill-will, nor leave any unpresented through fear, favor, or affection, or for any reward, or the promise or hope thereof; but in all your presentments you shall present the truth, the whole truth, and nothing but the truth, according to the best of your skill and understanding, so help you God." When § 903 was enacted in 1872, (1) "shall" was changed to "must" in the first two instances and (2) the word "shall" was inserted before "have or can" in first sentence of oath. 2. Amended by Code Amdts. 1873-74, p. 437, (1) the auxiliary verb "will" changed from "shall" in all the instances, and (2) the present second sentence added. § 904. Oath of other grand jurors. The following oath must be immediately thereupon administered to the other grand jurors present: "The same oath which your foreman has now taken before you on his part, you and each of you shall well and truly observe on your part, so help you God." Legislation § 904. Enacted February 14, 1872 (N. Y. Code Crim. Proc., § 246); based on Crim. Prac. Act, Stats. 1851, p. 233, § 192, which had "oath shall" instead of "oath must." § 905. Charge of the court. The grand jury being impaneled and sworn, must be charged by the court. In doing so, the court must give them such information as it may deem proper, or as is required by law, as to their duties, and as to any charges for public offenses returned to the court or likely to come before the grand jury. Charge to grand jury: See post, § 928. Legislation § 905. Enacted February 14, 1872 (N. Y. Code Crim. Proc., § 248); based on Crim. Prac. Act, Stats. 1851, p. 233, § 193, which read: "§ 193. The grand jury being impaneled and sworn, shall be charged by the court. In doing so, the court shall give them such information as it may deem proper, as to the nature of their duties, and any charges for public offenses returned to the court or likely to come before the grand jury. The court need not, however, charge them respecting violations of any particular statute." § 906. Retirement of the grand jury. Discharge of. The grand jury must then retire to a private room and inquire into the offenses cognizable by them. On the completion of the business before them, they must be discharged by the court; but, whether the business is completed or not, they are discharged by the final adjournment of the court. Inquiry into offenses: See post, §§ 915, 923. As to discharge of jury "by the final adjournment of the court": See post, Legislation § 907, Code Commissioner's Note. Legislation § 906. 1. Enacted February 14. 1872 (N. Y. Code Crim. Proc., §§ 249, 251); based on Crim. Prac. Act, Stats. 1851, p. 233, §§ 194, 195, which read: "§ 194. The grand jury shall then withdraw to a private room, and inquire into the offenses cognizable by them. § 195. The grand jury on the completion of the business before them shall be discharged by the court, but whether the business be completed or not, they shall be discharged by the final adjournment of the court." 2. Amendment by Stats. 1901, p. 483; unconstitutional. See note, § 5, ante. § 907. Permitting prejudiced juror to retire. Before considering a charge against any person, the foreman of the grand jury shall state to those present the matter to be considered and the person to be charged with an offense in connection therewith, and direct any member of the grand jury who has a state of mind in reference to the case or to either party which will prevent him from acting impartially and without prejudice to the substantial rights of the party to retire. Any violation of this section by the foreman or any member of the grand jury is punishable by the court as a contempt. Legislation § 907. Added by Stats. 1911, p. 452. There was a § 907 enacted in 1872 which was repealed. Its history is as follows: 1. Enacted February 14, 1872; based on Crim. Prac. Act, Stats. 1851, p. 233, § 196. 2. Repeal by Stats. 1901, p. 483; unconstitutional. See note, § 5, ante. 3. Repealed by Stats. 1905, p. 693; the code commissioner saying in his note to §§ 907, 908, 909, 910, "These sections purported to authorize the court, if an offense is committed during a term of court, but after the grand jury has been discharged, to summon another grand jury. There are now no 'terms of court,' and any necessity which may arise after one grand jury has been discharged can be met by the drawing of another. These sections are, therefore, repealed." § 908. Order for special grand jury. [Repealed 1905; Stats. 1905, p. 693.] Legislation § 908. 1. Enacted February 14, 1872; based on Crim. Prac. Act, Stats. 1851, p. 233, §.197. 2. Amended by Stats. 1889, p. 214. 3. Repeal by Stats. 1901, p. 483; unconstitutional. See note, § 5, ante. 4. Repealed by Stats. 1905, p. 693. See ante, Legislation § 907, for code commissioner's note. § 909. Order, how executed. [Repealed 1905; Stats. 1905, p. 693.] Legislation § 909. 1. Enacted February 14, 1872; based on Crim. Prac. Act, Stats. 1851, p. 233, § 198. 2. Repeal by Stats. 1901, p. 483; unconstitutional. See note, § 5, ante. 3. Repealed by Stats. 1905, p. 693. See ante, Legislation § 907, for code commissioner's note. § 910. Special grand jury, how formed. [Repealed 1905; Stats. 1905, p. 693.] Legislation § 910. 1. Enacted February 14, 1872; based on Crim. Prac. Act, Stats. 1851, p. 234, § 199. 2. Repeal by Stats. 1901, p. 483; unconstitutional. See note, § 5, ante. 3. Repealed by Stats. 1905, p. 693. See ante, Legislation § 907, for code commissioner's note. § 920. $ 921. § 922. § 923. § 924. § 919. Evidence receivable before grand juries. Grand jury not bound to hear evidence for the defendant, Grand jurors must declare their knowledge as to commission Must inquire into case of persons imprisoned, etc. § 925. § 926. Advice to grand jury. Report of testimony. Service on de $927. § 928. Grand juror not to be questioned for his conduct, except, etc. § 929. Institution of suits for recovery of moneys due the county. § 930. Foreman pro tem., for grand jury. § 915. Powers of grand juries. The grand jury must inquire into all public offenses committed or triable within the county, and present them to the court by indictment. [Amendment approved 1905; Stats. 1905, p. 694.] Inquiry into offenses: See ante, § 906; post, § 923. Impaneling grand juries: Const. 1879, art. i, § 8; Code Civ. Proc., §§ 241-243; ante, §§ 891 et seq. Legislation § 915. 1. Enacted February 14, 1872 (N. Y. Code Crim. Proc., § 252); based on Crim. Prac. Act 1851, p. 234, § 205, which read: "§ 205. The grand jury has the power, and it is their duty to inquire into all public offenses committed or triable within the county, and to present them to the court either by presentment or by indictment." 2. Amendment by Stats. 1901, p. 484; unconstitutional. See note, § 5, ante. 3. Amended by Stats. 1905, p. 694, omitting "either by presentment or," before "by indictment," at end of section; the code commissioner saying, "The change is made for the reason that grand juries no longer have authority to prefer presentments." § 916. Presentment defined. p. 693.] [Repealed 1905; Stats. 1905, Legislation § 916. 1. Enacted February 14, 1872; based on Crim. Prac. Act, Stats. 1851, p. 234, § 207. 2. Repeal by Stats. 1901, p. 484; unconstitutional. See note, § 5, ante. 3. Repealed by Stats. 1905, p. 693; the code commissioner saying, "This section relates to and defines presentments by grand juries, and, as they no longer have authority to prefer a presentment, the section is superfluous and misleading, and is, therefore, repealed." § 917. Indictment defined. An indictment is an accusation in writing, presented by the grand jury to a competent court, charging a person with a public offense. Indictment must contain what: Post, § 950. Legislation § 917. Enacted February 14, 1872 (N. Y. Code Crim. Proc., § 254); in exact language of Crim. Prae. Act, Stats. 1851, p. 234, § 206. § 918. Foreman may administer oaths. The foreman may administer an oath to any witness appearing before the grand jury. Legislation § 918. Enacted February 14, 1872 (N. Y. Code Crim. Proc., § 253); in exact language of Crim. Prac. Act, Stats. 1851, p. 234, § 208. § 919. Evidence receivable before grand juries. In the investigation of a charge, 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 six hundred and eighty-six. The grand jury can receive none but legal evidence, and the best evidence in degree, to the exclusion of hearsay or secondary evidence. [Amendment approved 1905; Stats. 1905, p. 694.] Legislation § 919. 1. Enacted February 14, 1872 (N. Y. Code Crim. Proc., §§ 255, 256); based on Crim. Prac. Act, Stats. 1851, p. 234, §§ 209, 210, which read: “§ 209. In the investigation of a charge, for the purpose of either presentment or indictment, the grand jury shall 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 witnesses taken as provided in this act. § 210. The grand jury shall receive none but legal evidence, and the best evidence in degree, to the exclusion of hearsay or secondary evidence." 2. Amendment by Stats. 1901, p. 484; unconstitutional. See note, § 5, ante. 3. Amended by Stats. 1905, p. 694, in first sentence, omitting "for the purpose of either presentment or indictment" before "the grand jury"; the code commissioner saying, "The change is made because grand juries have no longer authority to prefer presentments." § 920. Grand jury not bound to hear evidence for the defendant, but may order explanatory evidence, etc. 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. Inquiry into offenses: See ante, § 906; post, § 923. Legislation § 920. Enacted February 14, 1872 (N. Y. Code Crim. Proc., § 257); in exact language of Crim. Prac. Act, Stats. 1851, p. 235, § 211. § 921. Degree 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. Legislation § 921. Enacted February 14, 1872 (N. Y. Code Crim. Proc., § 258); based on Crim. Prac. Act, Stats. 1851, p. 235, § 212, which read: "§ 212. The grand jury ought to find an indictment, when all the evidence before them, taken together, is such as in their judgment would, if unexplained or uncontradicted, warrant a conviction by the trial jury." § 922. Grand jurors must declare their knowledge as to commission of public 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. Legislation § 922. Enacted February 14, 1872 (N. Y. Code Crim. Proc., § 259); in substance the same as Crim. Prac. Act, Stats. 1851, p. 235, § 213. § 923. Must inquire into case of persons imprisoned, etc. 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 or corrupt misconduct in office of public officers of every description within the county. [Amendment approved 1905; Stats. 1905, p. 694.] Inquiry into books and accounts of officers: See post, § 928. |