Crim. Prac. Act, sec. 218. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212. Cal. Rep. Cit. 19, 545. § 927. Grand juror not to be questioned for his conduct, except, etc. A grand juror cannot be questioned for anything he may say or any vote he may give in the grand jury relative to a matter legally pending before the jury, except for a perjury of which he may have been guilty, in making an accusation or giving testimony to his fellow jurors. En. February 14, 1872. Cal. Rep. Cit. 56, 67. Crim. Prac. Act, sec. 219. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212. § 928. Duties of grand jury. It shall be the duty of the grand jury annually to make a careful and complete examination of the books, records, and accounts of all the officers of the county, and especially those pertaining to the revenue, and report as to the facts they have found, with such recommendations as they may deem proper and fit; and if, in their judgment, the services of an expert are necessary, they shall have power to employ one, at an agreed compensation, not to exceed five dollars per day, payable as other county charges. The judge, on impanelment of such grand jury, shall charge them specially as to their duties under this section; provided, that if any grand jury shall, in the report above mentioned, comment upon any person or official who has not been indicted by the said grand jury, the said comments shall not be deemed to be privileged. En. Stats. 1880, 43. Am'd. 1897, 205. Cal. Rep. Cit. 141, 399. § 929. Grand jury may order district attorney to bring suit to recover moneys due the county. The grand jury, after having investigated the books and accounts of the various officials of the county, as in the foregoing section provided, may order the district attorney of the said county to institute suit to recover any moneys that, in the judgment of the said grand jury may from any cause be due the county, and the order of the said grand jury, certified by the foreman of the said grand jury, filed with the county clerk of the said county, shall be full authority for the said district attorney to institute and maintain any such suit. En. Stats. 1897, 205. Cal. Rep. Cit. 133, 348; 141, 398; 141, 399. CHAPTER IV. PRESENTMENT, AND PROCEEDINGS THEREON. § 931. § 932. § 933. Presentment must be by twelve grand jurors, etc. (Repealed.) Court must direct a bench-warrant if facts constitute a public offense. (Repealed.) § 934. Bench-warrant, by whom and how issued. (Repealed.) § 935. Form of bench-warrant. (Repealed.) § 936. Bench-warrant, how served. (Repealed.) § 937. Proceedings of magistrate on defendant being brought before him. (Repealed.) § 931. Presentment must be by twelve grand jurors, etc. En. February 14, 1872. Rep. 1905, 695. 931, 932, 933, 934, 935, 936, 937. These sections compose Chapter IV of Title IV of Part II of the Penal Code. They relate solely to the proceedings after finding a presentment, and since the adoption of the Constitution of 1879 have been inoperative.-Code Commissioner's Note. Cal. Rep. Cit. 54, 103. Crim. Prac. Act, sec. 220. En. April 20, 1850. Rep. 1851, En. 1851, 212. 290. Indictment concurrence of twelve grand jurors: See post, sec. 940. § 932. Must be presented to the court and filed. En. February 14, 1872. Rep. 1905, 695. See note to § 931, ante. Crim. Prac. Act, sec. 221. En. April 20, 1850. Am'd. 1850, 332. Rep. 1851, 290. En. 1851, 212. § 933. Court must direct a bench-warrant if facts constitute a public offense. En. February 14, 1872. Rep. 1905, 695. See note to § 931, ante. Crim. Prac. Act, sec. 224. 290. En. 1851, 212. En. April 20, 1850. Rep. 1851, whom and how issued. En. § 934. Bench-warrant, by February 14, 1872. Rep. 1905, 695. See note to § 931, ante. Crim. Prac. Act, sec. 225. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212. Cal. Rep. Cit. 37, 280. § 935. Form of bench-warrant. En. February 14, 1872. Am'd. 1880, 34. Rep. 1905, 695. See note to § 931, ante. Crim. Prac. Act, sec. 226. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212. Am'd. 1863, 159. § 936. Bench-warrant, how served. 1872. Rep. 1905, 695. See note to § 931, ante. Cal. Rep. Cit. 54, 103. En. February 14, Crim. Prac. Act, sec. 227. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212. § 937. Proceedings of magistrate on defendant being brought before him. En. February 14, 1872. Rep. 1905, 695. See note to § 931, ante. Crim. Prac. Act, sec. 228. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212. Pen. Code-22 TITLE V. OF THE INDICTMENT. Chapter I. Finding and Presentment of the Indictment, §§ 940-945. II. Rules of Pleading and Form of the Indictment, §§ 948-972. CHAPTER I. FINDING AND PRESENTMENT OF THE INDICTMENT. 940. Indictment must be found by twelve jurors, indorsed, etc. 941. If not found, depositions, etc., must be returned to court, etc. 942. Effect of dismissal. 943. Names of witnesses inserted at foot of indictment. 944. Indictment, how presented and filed. § 945. Proceedings when defendant is not in custody. § 940. Indictment must be found by twelve jurors, indorsed, etc. An indictment cannot be found without the concurrence of at least twelve grand jurors. When so found it must be indorsed, "A true bill," and the indorsement must be signed by the foreman of the grand jury. En. February 14, 1872. Cal. Rep. Cit. 54, 38. Crim. Prac. Act, sec. 229. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212. Cal. Rep. Cit. 21, 372. § 941. If not found, depositions, etc., must be returned to court, etc. If twelve grand jurors do not concur in finding an indictment against a defendant who had been held to answer, the depositions and statement, if any, transmitted to them must be returned to the court, with an indorsement thereon, signed by the foreman, to the effect that the charge is dismissed. En. February 14, 1872. Cal. Rep. Cit. 54, 38; 54, 290. En. 1851, 212. 413. En. April 20, 1850. Rep. 1851, Cal. Rep. Cit. 21, 373. § 942. Effect of dismissal. The dismissal of the charge does not prevent its resubmission to a grand jury as often as the court may direct. But without such direction it can Cal. Rep. Cit. 54, 413; 54, 414; 65, 218. Crim. Prac. Act, sec. 231. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212. § 943. Names of witnesses inserted at foot of indictment. When an indictment is found, the names of the witnesses examined before the grand jury, or whose depositions may have been read before them, must be inserted at the foot of the indictment, or indorsed thereon, before it is presented to the court. En. February 14, 1872. Cal. Rep. Cit. 54, 103; 56, 38; 71, 213; 104, 377; 130, 75. Crim. Prac. Act, sec. 232. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212. Cal. Rep. Cit. 26, 114. § 944. Indictment, how presented and filed. An indictment, when found by the grand jury, must be presented by their foreman, in their presence, to the court, and must be filed with the clerk. En. February 14, 1872. Cal. Rep. Cit. 54, 38; 145, 37. Crim. Prac. Act, sec. 233. En. April 20, 1850. Rep. 1851, En. 1851, 212. 290. § 945. Proceedings when defendant is not in custody. When an indictment is found against a defendant not in custody, the same proceedings must be had as are prescribed in sections nine hundred and seventy-nine to nine hundred and eighty-four, inclusive, against a defendant who fails to appear for arraignment. En. February 14, 1872. Cal. Rep. Cit. 55, 298. Crim. Prac. Act, sec. 234. 290. En. 1851, 212. Cal. Rep. Cit. 35, 109. En. April 20, 1850. Rep. 1851, |