Los Angeles herald. [microfilm reel] (Los Angeles [Calif.]) 1900-1911, 1909-03-20

ton is made thereto. You are also
entitled to call upon the judge OF
this court for advice, whenever 1t
seems necessary for you so to do.
1t Is desirable that this jury shall
devote no more time to the investi-
cation committed to your charge
than Is necessary to make a COM
plete and exhaustive examination Or
the matters to be considered You
are requested to meet each legal
day at least during the hours of
from 10 n. m. to 10 m. and from
D. m. until O'clock, unless the
lack of witnesses or other sufficient
cause furnishes g. reason for doing
otherwise. No member of the jury
must absent himself from the ses-
sions unless excused by the court.
The only persons who are entitled
to be present at the examination of
witnesses are the district attorney
and a competent court reporter to
take down the testimony whenever
the district attorney requires one to
be procured. When the jury is de-
liberating at other times no person
not member of the jury Is per-
mitted to be present.
Gentlemen, / wish to again re-
mind you to be thorough and ex-
peditious. To the court 1t would
seem that, If the necessary wit
nesses are available for examina-
ton by you and their attendance
can be procured without delay,
this investigation should be con-
cluded and your report made with
In a period of ten days. You are at
liberty to make partial report at
any time, If you should have in
dictments or accusations to present.
I quote from the penal code the
following provisions relating to the
proceedings before grand juries and
to the duties Of grand Jurors:
Section 915-Powers of grand jury:
The grand jury must inquire into
all public offenses committed or
triable within the county, and
present them to the court either by
presentment or by indictment.
A Presentment
Section 916-Present ment defined:
A presentment is an informal state
ment In writing. by the grand
jury, representing to the court that
a public offense has been COM
mitted which is triable In the
county. and that there is reason
able ground for believing that a
particular individual named or
Section 917-Indictment defined:
An indictment Is an accusation In
writing, presented by the grand
jury to a competent court, charg-
ing a person with a public offense.
Section 918-Foreman may adj
minister oaths: The foreman may
administer an oath to any witness
appearing before the grand jury.
Section 919. Evidence receivable
before the grand jury.
In the investigation of a charge
for the purpose Of either present.
ment or Indictment, the grand jury
can receive no other evidence than
such as is given by witnesses pro-
duced and sworn before them, or
furnished by legal documentary evil
dence, or the deposition of a wit
ness in the cases mentioned in the
third subdivision of section 6S6. The
grand jury can receive none but
legal evidence, and the best evil
dence in degree, to the exclusion
of hearsay or secondary evidence.
Section 900. Grand jury not bound
to hear evidence for the defendant.
The grand jury is not bound to
hear evidence for the defendant;
but II Is their duty to weigh all the
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.
Degrees of Evidence
Section 921. Degrees of evidence
to warrant indictment.
The grand jury ought to find an
indictment when all the evidence
before them, taken together, If I'M
explained or uncontradicted, would,
In their judgment, warrant a con-
viction by trial jury.
Section 925. The grand jury may,
at all times. ask the advice of the
court. or the judge thereof, or of
the district attorney. The
district attorney of the county may
at all times appear before the grand
jury for the purpose of giving in
formation or advice relative to any
matter cognizable by them. and
may interrogate witnesses before
them whenever he thinks 1t neces-
sary. The grand jury, on the de-
mand of the district attorney,
whenever criminal cases are being
investigated DtlOI6 eP-
point a competent stenographic re-
porter to report the testimony that
may be given in such causes in
shorthand, and reduce the same af-
terward, upon the request of the
said district attorney, to longhand.
No other person other than above
specified 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.
Section 926. Every member of the
grand jury must keep secret what
ever 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.
Section 1853 Accusation to be RE-
scented by the Grand Jury. An ac-
cusation in writing against any dis
trict. county township, or munich
pal officer, for willful or corrupt
misconduct in Office. may be pre-
sented by the grand jury of the
county for or in which the officer
accused is elected or appointed.
To District Attorney
Section 760. To Be Transmitted to
the District Attorney. and Copy
SeY-ved The accusation must be de-