party, which will prevent him from acting impartially and without prejudice to the substantial rights of the party challenging; but no person shall be disqualified as a juror by reason of having formed or expressed an opinion upon the matter or cause to be submitted to such jury, founded upon public rumor, statements in public journals, or common notoriety, provided it satisfactorily appear to the court upon his declaration, under oath or otherwise, that he can and will, not withstanding such an opinion, act impartially and fairly upon the matters to be submitted to him." 3. Repealed by Stats. 1911, p. 434. § 897. How made, etc. p. 434.] [Repealed 1911; Stats. 1911, Trial of challenge: See post, § 1078. Legislation § 897. 1. Enacted February 14, 1872 (N. Y. Code Crim. Proc., § 240); based on Crim. Prac. Act, Stats. 1851, p. 232, § 184, which read: "§ 184. The challenges mentioned in the last three sections may be oral, and shall be entered upon the minutes, and tried by the court in the same manner as challenges in the case of a trial jury, which are triable by the court." When enacted in 1872, § 897 read: "897. The challenges mentioned in the last three sections may be oral, and must be entered upon the minutes, or taken down by the reporter, and tried by the, court in the same manner as challenges in the case of a trial jury, which are triable by the court." 2. Amended by Code Amdts. 1873-74, p. 436, to read: "The challenges mentioned in the last three sections may be oral or in writing, and must be tried by the court." 3. Repealed by Stats. 1911, p. 434. § 898. Decision upon challenges. [Repealed 1911; Stats. 1911, p. 434.] Similar provision as to trial juror: See post, § 1083. Legislation § 898. 1. Enacted February 14, 1872 (N. Y. Code Crim. Proc., § 241); in substance the same as Crim. Prac. Act, Stats. 1851, p. 232, § 185. As enacted in 1872 the section read: "The court must allow or disallow the challenge, and the clerk must enter its decisions upon the minutes." 2. Repealed by Stats. 1911, p. 434. § 899. Effect of allowing a challenge to a panel. [Repealed 1911; Stats. 1911, p. 434.] Legislation § 899. 1. Enacted February 14, 1872; in substance the same as Crim. Prac. Act, Stats. 1851, p. 232, § 186. As enacted in 1872 it read: "If a challenge to the panel is allowed, the grand jury are prohibited from inquiring into the charge against the defendant, by whom the challenge was interposed. If, notwithstanding, they do so, and find an indictment against him, the court must direct it to be set aside." 2. Repealed by Stats. 1911, p. 434. § 900. Effect of allowing challenge to an individ al juror. [Repealed 111; Stats. 1911, p. 434.] Grand juror acting after allowance of challenge: See ante, § 164. Legislation § 900. 1. Enacted February 14, 1872 (N Y. Code Crim. Proc., §§ 242, 245); based on Crim. Prac. Act, Stats. 1851, p. 232, §§ 187, 188, which read: "§ 187. If a challenge to an individual grand juror be allowed, he shall not be present or take part in the consideration of the charge against the lefendant who interposed the challenge, of the deliberations of the grand jury thereon, § 188. The grand jury shall inform the court of a violation of the last section, and it shall be punished by the court as a contempt." The section as enacted in 1872 read: "If a challenge to an individual grand juror is allowed, he cannot be present or take part in the consideration of the charge against the defendant who interposed the challenge, or the deliberations of the grand jury thereon. The grand jury must inform the court of a violation of this section, and it is punishable by the court as a contempt." 2. Repealed by Stats. 1911, p. 434. § 901. Objections can only be taken by challenge pealed 1911; Stats. 1911, p. 434.] [Re Legislation § 901. 1. Enacted February 14, 1872; based on Crim. Prac. Act, Stats. 1851, p. 233, § 189, the final words of which read, "in no other mode than that by challenge, as prescribed in the preceding section." The section as enacted in 1872 read: "A person held to answer to a charge for a public offense can take advantage of any objection to the panel or to an individual grand juror in no other mode than by challenge." 2. Repealed by Stats. 1911, p. 434. § 902. Appointment of a foreman. From the persons summoned to serve as grand jurors and appearing, the court must appoint a foreman. The court must also appoint a foreman when the person already appointed is excused or discharged before the grand jury is dismissed. Legislation § 902. Enacted February 14, 1872 (N. Y. Code Crim. Proc., § 244); based on Crim. Prac. Act, Stats. 1851, p. 233, § 190, which had "shall" instead of "must" in both instances. § 903. Oath to foreman. The following oath must be administered to the foreman of the grand jury: "You, as foreman of the grand jury, will 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 shall have or can obtain legal evidence. You will keep your own counsel, and that of your fellows and of the government, and will not, except when required in the due course of judicial proceedings, disclose the testimony of any witness examined before you, nor anything which you or any other grand juror may have said, nor the manner in which you or any other grand juror may have voted on any matter before you. You will 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 will present the truth, the whole truth, and nothing but the truth, according to the best of your skil' and 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 adminis tered 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. ante. See note, § 5, 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. Grand jury not bound to hear evidence for the defendant, but may order explanatory evidence, etc. Degree of evidence to warrant indictment. Grand jurors must declare their knowledge as to commission of public offense. Must inquire into case of persons imprisoned, etc. § 925. Advice to grand jury. Report of testimony. Service on de § 926. Secrets of grand jury to be kept, except, etc. $927. Grand juror not to be questioned for his conduct, except, etc. Grand jury to examine books. $ 928. § 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. Duties of grand jurors: See post, § 928. Impaneling grand juries: Const. 1879, art. i, § 8; Code Civ. Proc., §§ 241-243; ante, §§ 894 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. |