§ 920.

§ 921.

Grand jury not bound to hear evidence for the defendant.
Degree of evidence to warrant indictment.

§ 922.

§ 923.

$924.

§ 925.

Grand jurors must declare their knowledge as to commission of
public offense.

Must inquire into cases of persons imprisoned, etc.
Entitled to access to public prison, etc.

When and from whom they may ask advice, and who may be
present during their sessions.

§ 926.

Secrets of grand jury to be kept, except, etc.

§ 927.

§ 928.

Grand juror not to be questioned for his conduct, except, etc.
Duties of grand jury.

§ 929.

Grand jury may order district attorney to bring suit to recover moneys due the county.

§ 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. En. February 14, 1872. Am'd. 1905, 694.

The change consists in the omission of the words "either by presentsentment or," after "court." The change is made for the reason that grand juries no longer have authority to prefer presentments.Code Commissioner's Note.

Cal. Rep. Cit. 60, 105; 77, 627.

Crim. Prac. Act, sec. 205. En. April 20, 1850. Rep. 1851, En. 1851, 212.

290.

Impaneling grand juries; Const. Cal., art. I, sec. 8; Code Civ. Proc. secs. 241-243; ante, secs. 894 et seq.

§ 916. Presentment

Rep. 1905, 693.

defined. En. February 14, 1872.

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.-Code Commissioner's Note.

'Crim. Prac. Act, sec. 207. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212.

8917. 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. En. February 14, 1872.

Cal. Rep. Cit. 145, 36.

Crim. Prac. Act, sec. 206. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212.

Cal. Rep. Cit. 44, 557.

Indictment must contain what: Post, sec. 950.

Indictment, sufficiency of: Post, sec. 959.

The foreman may

§ 918. Foreman may administer oaths. administer an oath to any witness appearing before the grand jury. En. February 14, 1872.

Crim. Prac. Act, sec. 208. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212.

§ 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. En. February 14, 1872. Am'd. 1905, 694.

The change consists in the omission of the words "for the purpose of either presentment or indictment," after "charge." The change is made because grand juries have no longer authority to prefer presentments.-Code Commissioner's Note.

Crim. Prac. Act, sec. 209. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212.

Cal. Rep. Cit. 4, 219.

Crim. Prac. Act, sec. 210.

290. En. 1851, 212.

En. April 20, 1850. Rep. 1851,

Cal. Rep. Cit. 4, 226; 19, 542.

§ 920. Grand jury not bound to hear evidence for the 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, and for that purpose may require the district attorney to issue process for the witnesses. En. February 14, 1872.

Cal. Rep. Cit. 64, 437; 64, 527; 76, 345; 116, 391.

Crim. Prac. Act, sec. 211. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212. Am'd. 1872, 391.

Cal. Rep. Cit. 19, 543.

§ 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. En. February 14, 1872.

Cal. Rep. Cit. 137, 224; 144, 638.

Crim. Prac. Act, sec. 212. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212.

Cal. Rep. Cit. 19, 543.

§ 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. En. February 14, 1872.

Crim. Prac. Act, sec. 213.

290. En. 1851, 212.

Cal. Rep. Cit. 21, 373.

En. April 20, 1850. Rep. 1851,

§ 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. En. February 14, 1872. Am'd. 1905, 694.

The change consists in the substitution of the word "or," in place of "and," between "willful" and "corrupt."-Code Commissioner's Note.

Cal. Rep. Cit. 49, 651.

Crim. Prac. Act, sec. 214. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212.

§ 924. Entitled to access to public prison, etc. 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. En. February 14,

1872.

Crim. Prac. Act, sec. 215. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212.

§ 925. When and from whom they may ask advice; who may be present during sessions. The grand jury may, at all times, ask the advice of the court, or the judge thereof, or of the district attorney; but unless such advice is asked, the judge of the court must not be present during the sessions of the grand jury. The district attorney of the county may at all times appear before the grand jury for the purpose of giving information or advice relative to any matter cognizable by them, and may interrogate witnesses before them whenever he thinks it necessary; the grand jury, on the demand of the district attorney, whenever criminal causes are being investigated before them, must appoint a competent stenographic reporter to be sworn and to report the testimony that may be given in such causes in shorthand, and reduce the same, upon the request of the district attorney, to longhand or typewriting; a copy of such testimony must be delivered to the defendant upon his arraignment after indictment. The services of such stenographic reporter constitute a charge against the county. No person other than

those specified in this and the succeeding section is permitted to be present during the session of the grand jury, except the members and witnesses actually under examination, and no person must be permitted to be present during the expression of their opinions, or giving their votes upon any matter before them. The grand jury or district attorney may require by subpoena the attendance of any person before the grand jury as interpreter, and such interpreter may, while his services are necessary, be present at the examination of witnesses before the grand jury. En. February 14, 1872. Am'd. 1897, 204; 1905, 694.

The statute of 1871-2, page 540, authorizing the grand jury or district attorney to require the attendance of an interpreter, is codified in the last sentence.-Code Commissioner's Note.

Cal. Rep. Cit. 71, 213; 116, 390; 132, 200; 132, 201; 132, 202; 141, 399; 744, 636; 144, 637, 144, 638.

Crim. Prac. Act, sec. 216. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212. Am'd. 1863, 216.

Act relating to interpreter before grand jury: See post, Appendix, title Interpreters.

§ 926. Secrets of grand jury to be kept, except, etc. 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; but may, however, be required by any court to disclose the testimony of a witness examined before the grand jury, for the purpose of ascertaining whether it is consistent with that given by the witness before the court, or to disclose the testimony given before them by any person, upon a charge against such person for perjury in giving his testimony, or upon trial therefor. En. February 14, 1872.

Cal. Rep. Cit. 64, 527; 64, 528; 77, 633.

Crim. Prac. Act, sec. 217. En. April 20, 1850. Am'd. 1850, 332. Rep. 1851, 290. En. 1851, 212.