Title 19, CRIMINAL PROCEDURE

19-1005. Decision upon challenge. The court must allow or disallow the challenge, and the clerk must enter its decisions upon the minutes.

19-1006. Challenge to panel — Effect of allowance. 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,…

19-1007. Challenge to individual — Effect of allowance. If a challenge to an individual grand juror is allowed he can not be present or take part in the consideration of the charge as to which he was challenged against the defendant who interposed the challenge, or the deliberati…

19-1008. Manner of filling panel after sustaining challenge. If more than three challenges to individual grand jurors are allowed to the same defendant in reference to the same charge, the court must fill the panel to sixteen as to that charge by causing a sufficient number of co…

19-1009. Objections must be by challenge. A person held to answer to a charge for a public offense can take advantage of any objection to the panel or to any individual grand juror in no other mode than by challenge.

19-1010. Appointment of 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.

19-1011. Oath of 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 state of Idaho, committed or triable within this count…

19-1012. Oath of 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.

19-1013. Charge to jury. 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 c…

19-1014. Retirement and discharge of jury. 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 final adjournment of the court.

19-1015. Special grand jury. If an offense is committed during the sitting of the court, after the discharge of the grand jury, the court may, in its discretion, direct an order to be entered that the sheriff summon another grand jury.

19-1016. Special grand jury — Contents and delivery of order. The order must require the sheriff to summon twenty persons, qualified to serve as grand jurors, to appear at a time specified, and a copy thereof, under the seal of the court, must, by the clerk be delivered to the sh…

19-1017. Special grand jury — Execution and return of order. The sheriff must execute the order and return it, with a list of names of the persons summoned.

19-1018. Drawing of special jury. At the time appointed the list must be called over, and the names of those in attendance be written by the clerk on separate ballots and put into a box, from which a grand jury must be drawn.