(a) An indictment is an accusation in writing, presented by the grand jury to a competent court, charging a person with a felony or a felony and a related misdemeanor. (b) The grand jury shall find an indictment when from the evidence presented there is reasonable cause to believe that an indictable offense has been committed and that the defendant committed it. (c) Special Fictitious Name Indictment means an indictment of a person whose name is unknown but whose identity is established to the satisfaction of a grand jury by means of forensic Deoxyribonucleic Acid (DNA) testing of evidence. The caption of a special fictitious name indictment shall include a fictitious name, such as “John Doe” or “Jane Doe”, in place of the name of the defendant whose true name is unknown. COURT DECISIONS: SUPERIOR COURT 1979. "Using the >reasonable cause' standard provided by § 50.54(b) of [this Title], the Court finds that the prosecution did establish sufficient evidence of the corpus delicti. People v. Quitugua, Sup. Ct. 1979, Cr. #102F-79. D.C. GUAM APP. DIV. People v. Grajo, DCA 86-00002 (1987) Applying cited standards to facts, it is clear the Grand Jury could "clearly have had a strong suspicion that Grajo had murdered De Jesus." NOTE: Subsection (a) of § 50.54 is based on § 889 of the California Penal Code. Subsection (b) is based on California Penal Code § 939.8. The term "indictable offense" means a felony or a felony and a related misdemeanor. See § 1.15. For additional requirements, see § 55.10 (former Rule 7(c)). SOURCE: Amended by P.L. 29-042:1 (Jan. 2, 2008). § 50.58 Return of Indictment. An indictment may be found only upon the concurrence of twelve (12) or more jurors. The indictment shall be returned by the grand jury to a judge in open court. If the defendant has been arrested and twelve (12)
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jurors do not concur in finding an indictment, the foreman shall so report to the court in writing forthwith. When the name of the indicted person is unknown but his or her identity is established to the satisfaction of the grand jury by means of forensic Deoxyribonucleic Acid (DNA) testing of evidence, then such indictment shall be filed by the grand jury with the Court as a Special Fictitious Name Indictment. The authority to file a special fictitious name indictment pursuant to this Section shall be in addition to any other authority in law for the filing of an indictment when the name of an indicted person is unknown. NOTE: The first paragraph of this section is substantively the same as former Rule 6(f) and former § 805(d). See also Fed. R. Crim. P. 6(f); Cal. Pen. Code §§ 940, 944. The last sentence of the first paragraph has been revised to refer to those cases where the defendant "has been arrested;" former law referred to those cases where "the defendant is in custody or has been given bail." No change in substance is intended but the latter phrase would be too limited as a reference to the release procedures now provided. See Chapter 40 (commencing with § 40.10). The second paragraph was added by P.L. 29-042:2 (Jan. 2, 2008). SOURCE: Amended by P.L. 29-042:2 (Jan. 2, 2008).