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them by any person, upon a charge against such person for perjury in giving his testimony or upon trial therefor.

Legislation § 926. Enacted February 14, 1872 (N. Y. Code Crim. Proc., §§ 265, 266); in substance the same as Crim. Prac. Act, Stats. 1851, p. 235, §§ 217, 218.

§ 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.

Legislation § 927. Enacted February 14, 1872 (N. Y. Code Crim. Proc., § 267); based on Crim. Prac. Act, Stats. 1851, p. 236, § 219, which read: "§ 219. No grand juror shall 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."

§ 928. Grand jury to examine books. 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 ten dollars a day, to be first approved by the court; and if, in their judgment, the services of assistants to such experts are required, they shall have power to employ such, at a compensation to be agreed upon and approved by the court, not to exceed, however, five dollars a day for each assistant, such compensation of expert and assistants to be payable as other county charges. It shall be the duty of every grand jury first impaneled in even-numbered years to investigate and report upon the needs of all county officers in its county, including increase or decrease in salaries, number of officers, deputies or employees, the abolition or creation of offices and the equipment for, or the method or system of performing the duties of, the several offices, and it shall cause a copy of such report to be transmitted to each member of the legislature representing the county in which it has been impaneled before the commencement of the regular session of the legislature in odd-numbered years. The judge, on impanelment of the grand jury shall charge them especially 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. [Amendment approved 1911; Stats. 1911, p. 373.]

Duties of grand jury: See ante, 915.

Charge to grand jury: See ante, § 905.

Inquiry into misconduct of officers: See ante, § 923.

Legislation § 928. 1. Added by Code Amdts. 1880, p. 43, and then read: "928. 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 thereon, and if, in their judg ment, 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, upon the impanelment of such grand jury, shall charge them specially as to their duties under this section."

2. Amended by Stats. 1897, p. 204, to read: "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."

3. Amended by Stats. 1911, p. 373.

§ 929. Institution of suits for recovery of 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.

Legislation § 929. Added by Stats. 1897, p. 205.

§ 930. Foreman pro tem. for grand jury. In the absence of the foreman of a grand jury from any meeting of the same or in the event of his disqualification to act, the grand jury may select a member of that body to act as foreman pro tem., who shall perform the duties of, and have all the powers of the regularly appointed foreman in the absence or disqualification of such foreman.

Legislation § 930. Added by Stats. 1915, p. 37.

CHAPTER IV.

Presentment and Proceedings Thereon.

§ 931. Presentment must be by twelve grand jurors, etc. [Repealed.]

§ 932. Must be presented to the court and filed.

[Repealed.]

§ 933. 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.]

Legislation Chapter IV. 1. Enacted February 14, 1872, and then consisted of §§ 931-937; based on Crim. Prac. Act, Stats. 1851, pp. 236, 237, §§ 220, 221, 224-228. The only section amended was § 935

(Code Amdts. 1880, p. 34).

2. Repeal by Stats. 1901, p. 485; unconstitutional. See note, § 5,

ante.

3. Repealed by Stats. 1905, p. 693; the code commissioner saying in his note to §§ 931-937, "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, and are, therefore, repealed."

§ 931. Presentment must be by twelve grand jurors, etc. [Repealed 1905; Stats. 1905, p. 693.]

Indictment. Concurrence of twelve grand jurors: See post, § 940.
Legislation § 931. See ante, Legislation Chapter IV.

§ 932. Must be presented to the court and filed. [Repealed 1905; Stats. 1905, p. 693.]

Legislation § 932. See ante, Legislation Chapter IV.

§ 933. Court must direct a bench-warrant if facts constitute a public offense. [Repealed 1905; Stats. 1905, p. 693.]

Legislation § 933. See ante, Legislation Chapter IV.

§ 934. Bench-warrant, by whom and how issued. [Repealed 1905; Stats. 1905, p. 693.]

Legislation § 934. See ante, Legislation Chapter IV.

§ 935. Form of bench-warrant.

1905, p. 693.]

[Repealed 1905; Stats.

Legislation § 935. See ante, Legislation Chapter IV.

§ 936. Bench-warrant, how served. [Repealed 1905; Stats. 1905, p. 693.]

Legislation § 936. See ante, Legislation Chapter IV.

§ 937. Proceedings of magistrate on defendant being brought before him. [Repealed 1905; Stats. 1905, p. 693.] Legislation § 937. See ante. Legislation Chapter IV.

TITLE V.

The Indictment.

Chapter I. Finding and Presentment of the Indictment. §§ 940-945. Rules of Pleading and Form of the Indictment. §§ 948972.

II.

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.

Legislation § 940. Enacted February 14, 1872 (N. Y. Code Crim. Proc., § 268); in substance the same as Crim. Prac. Act, Stats. 1851, p. 237, § 229.

§ 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 has 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.

Legislation § 941. Enacted February 14, 1872 (N. Y. Code Crim. Proc., § 269); in substance the same as Crim. Prac. Act, Stats. 1851, p. 237, § 230.

$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 cannot be resubmitted.

Resubmission to grand jury where motion to set aside indictment or information sustained: See post, § 997.

Legislation § 942. Enacted February 14, 1872 (N. Y. Code Crim. Proc., § 270); based on Crim. Prac. Act, Stats. 1851, p. 237, § 231, which read: "§ 231. The dismissal of the charge shall not, however, prevent the charge from being again submitted to a grand jury, or as often as the court shall so direct. But without such direction it shall not be again submitted."

§ 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.

Setting aside indictment because names of witnesses not indorsed: See post, § 995.

Legislation § 943. Enacted February 14, 1872 (N. Y. Code Crim. Proc., § 271); based on Crim. Prac. Act, Stats. 1851, p. 237, § 232, which read: "§ 232. When an indictment is found the names of the witnesses examined before the grand jury shall be inserted at the foot of the indictment or indorsed thereon before it is presented to the court."

§ 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.

Legislation § 944. Enacted February 14, 1872 (N. Y. Code Crim. Proc., § 272); based on Crim. Prac. Act, Stats. 1851, p. 237, § 233, which read: "§ 233. An indictment when found by the grand jury shall be presented by their foreman in their presence to the court, and shall be filed by the clerk and remain in his office as a public record."

§ 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.

Legislation § 945. Enacted February 14, 1872; in substance the same as Crim. Prae. Act, Stats. 1851, p. 237, § 234.

§ 948.

CHAPTER II.

Rules of Pleading and Form of the Indictment.

Form of and rules of pleading.

§ 949. First pleading by the people is indictment or information. $950. Indictment or information, what must contain.

Form of indictment.

When defendant is indicted by fictitious name, etc.
Two or more offenses in one indictment.

$951.

§ 952.

Indictment must be direct and certain.

§ 953.

$ 954.

§ 955.

Statement as to time when offense was committed.

§ 956.

Statement as to person injured or intended to be.

§ 957.

§ 958.

Construction of words used in an indictment or information.
Construction of words used in a statute.

$959. Indictment or information, when sufficient.

§ 960. Indictment, etc., when not insufficient.

§ 961. Presumptions of law, etc., need not be stated..

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