tried within the county, and present them to the court by indict

ment.

SEC. 203. Upon such inquiry, it may where the defendant has been held to answer for a public offence, find an indictment upon the testimony taken before a magistrate.

SEC. 204. In all other cases, the indictment must be found upon such evidence as is given by witnesses produced and sworn before them, or furnished by legal documentary proof.

Grand Jury not bound to hear evidence for defendant.

SEC. 205. The grand jury is not bound to hear evidence for the defendant; but it is its duty to weigh all the evidence submitted to it, and when it has reason to believe that other evidence within its reach will explain away the charge, it may order such evidence to be produced.

Grand jury to take cognizance of offenses within their knowledge.

SEC. 206. If a member of the grand jury knows, or has reason to believe that a public offence has been committed, triable in the county, he must declare the same to his fellow jurors and be sworn as a witness upon the investigation before them.

Special duties of grand juries.

SEC. 207. It is made the special duty of the grand jury to inquire:

First: Into the case of every person imprisoned in the jail of the county on a criminal charge and not indicted.

Second: Into the condition and management of the public prisons within the county.

Third: Into the wilful and corrupt misconduct in office of all county officers.

Fourth: Into the obstructions of roads and highways.

Clerk of court to issue subpœnas.

SEC. 208. The clerk of the court must whenever required by the forman of the grand jury or prosecuting attorney, issue subpœnas for witnesses to appear before the grand jury.

Jury entitled to access to prisons.

SEC. 209. The jury is entitled to free access at all reasonable times to the county jails and to the examination without charge of all public records within the county.

Prosecuting attorney to attend upon the grand jury.

SEC. 210. Whenever required by the grand jury, it is the duty of the prosecuting attorney to attend before it for the purpose of obtaining witnesses and of giving legal advice.

Prosecuting attorney not to be present when indictment is found. SEC. 211. Such attorney shall be allowed at all times to appear before the grand jury on his own request, for the purpose of giving information relative to any matter cognizable by it; but no

such attorney nor any other officer or person except the grand jury must be present when the question is taken upon the finding of an indictment.

Proceedings and testimony before Grand Jury to be kept secret.

SEC. 212. Every member of the grand jury must keep secret the proceedings of that body, and the testimony given before them, except as hereinafter required. Nor shall any grand juror or officer of the court disclose the fact that an indictment for a felony has been found against any person not in custody or under bail, otherwise than by presenting the same in court, or issuing or executing process thereon, until such person has been arrested. violation of this section is a misdemeanor.

A

Testimony can only be disclosed to impeach a witness on the trial. SEC. 213. A member of the grand jury may be required by the court to disclose the testimony of a witness examined before them, for the purpose of ascertaining whether it is consistent with that given by the witness before the court, or to disclose the testimony given before them by any witness upon a charge against him for perjury.

Grand Jury not to be questioned for action in jury room.

SEC. 214. No grand juror shall be questioned for any thing he may say, or any vote he may give in the grand jury relative to a matter legally pending before them, except for perjury of which he may have been guilty in making an accusation, or in giving testimony to his fellow jurors.

CHAPTER XXII.

FINDING AND PRESENTMENT OF INDICTMENTS.

An indictment must have the concurrence of twelve Grand Jurors, and indorsed by the foreman.

SEC. 215. An indictment cannot be found without the concurrence of twelve grand jurors, and when so found, it must be endorsed “A true bill;" and the indorsement must be signed by the foreman of the grand jury.

SEC. 216. If twelve grand jurors do not concur in finding an indictment, the testimony and statement taken before the magistrate must be returned to the court, with an indorsement thereon, signed by the foreman to the effect that the charge is dismissed.

SEC. 217. Such dismissal shall not prevent the same charge from being again submitted to the grand jury as often as the court may direct.

SEC. 218. When an indictment is found by the grand jury and indorsed as prescribed by this chapter, it must be presented by their foreman in their presence, to the court and filed by the clerk.

CHAPTER XXIII.

FORMS AND REQUISITES OF INDICTMENTS.

What constitutes an indictment.

SEC. 219. An indictment is an averment in writing, made by a grand jury, legally convoked and sworn, that a person therein named or described, has done some act or been guilty of some omission which by law is a public offence.

Indictment not to be quashed if either of the points described in this section can be established.

SEC. 220. No indictment shall be quashed or judgment thereon arrested or deemed invalid if it can be understood:

First: That the same was presented to some court having jurisdiction of the offence, charged in the indictment, although the name of the court may not be accurately set forth.

Second: That it was found by a grand jury of the county in which the court was held.

Third: That the defendant is named, or if his name cannot be discovered, that he be described by a fictitious name, with the statement that his real name is unknown.

Fourth: That the offence was committed at some place within the jurisdiction of the court, except where it is otherwise provided that the act when done without the local jurisdiction of the county is triable therein.

Fifth: That the offence was committed at some time prior to the time of finding the indictment.

Sixth: That the acts or omissions charged, be so clearly and distinctly set forth as to enable the accused to plead the judgment on such indictment in bar of any future prosecution for the same offence.

Seventh: That where material, the name of the person injured, be set forth when known by the grand jury, and if not known, that it may be so stated in the indictment.

Eighth: That the indictment be indorsed by the foreman "A true bill," and marked and filed by the clerk.

Indictment must present only one offence.

SEC. 221. An indictment must present but one public offence, but such offence may be therein charged in different forms to meet the evidence in the case.

Defendant can be convicted on degree lower than that charged in the indictment.

SEC. 222. On an indictment for a public offence admitting of different degrees, the defendant may be convicted of such offence on any degree lower than that charged in form in such indictment.

Indictment need not be confined to words of statute.

SEC. 223. Words used in a statute to define a public offence, need not be strictly pursued in the indictment, but other words conveying the same meaning may be used.

Form not material.

SEC. 224. No indictment is insufficient nor shall the trial judgment or other proceeding thereon be affected by reason of any defect or imperfection in matter of form, which do not turn to the prejudice of the defendant.

Presumptions of law not be stated.

SEC. 225. Neither presumptions of law, nor matter of which judicial notice is taken, need be stated in an indictment. Facts confering jurisdiction not to be stated in indictment.

SEC. 226. In pleading a judgment or other determination of, or proceeding before a court or officer of special jurisdiction, the facts. conferring jurisdiction need not be stated in the indictment; but it is sufficient to state that the judgment or determination was duly made, or the proceedings duly had before such court or officer; but the facts constituting the jurisdiction must be established on the trial.

SEC. 227. In pleading a private statute or right derived therefrom, it is sufficient to refer the same by its title and the day of its approval, and the court must thereupon take judicial notice thereof.

Indictment for perjury need not state in what court perjury was committed.

SEC. 228. In an indictment for perjury or subornation of perjury, it is sufficient to set forth the substance of the controversy or matter in respect to which the offence was committed, or in what court, or before whom the oath alleged to be false was taken, and that the court or person before whom it was taken had authority to administer the same, with proper allegations of the falsity of the matter on which the perjury is assigned; but the indictment need not set forth the pleadings, record, or proceedings with which the oath is connected, nor the commission or authority of the court or person before whom the perjury was committed.

Of indictment for forgery.

SEC. 229. In any case where an intent to defraud is required to constitute the offence of forgery or any other offence that may be prosecuted, it shall be sufficient to allege in the indictment an intent to defraud without naming the particular person or body corporate intended to be defrauded, and on the trial of such indictment it is sufficient if there appear to be an intent to defraud the United States, or any state or Territory, county, city, or township, or any body corporate, or any public officer in his official capacity, or any copartnership or members thereof, or any particular person.

Accessories to be punished same as principals.

SEC. 230. The distinction between an accessory before the fact and a principal is abrogated, and all persons concerned in the commission of a public offence, whether they directly commit the act constituting the offence or aid or abet in its commission, though not present, must hereafter be indicted, tried and punished as principals.

Accessories after the fact.

SEC. 213. An accessory after the fact to the commission of a public offence, may be indicted, tried and punished though the principal be neither tried nor convicted.

Compounding with felony.

SEC. 232. A person may be indicted for having with the knowledge of a commission of a public offence, taken money or property of another, or a gratuity or reward, or engagement or promise therefor, upon agreement or understanding, express or implied to compound or conceal the offence, or to abstain from a prosecution thereof, or to withhold any evidence thereof, though the person guilty of the original offence has not been indicted or tried.

CHAPTER XXIV.

ARRAIGNMENT OF THE DEFENDANT.

Defendant to be arraigned.

SEC. 233. When the indictment is filed, the defendant must be arraigned thereon before the court in which the trial is to be had. Accused to be arraigned in open court.

SEC. 234. If the indictment be for a felony or for any crime. punishable by imprisonment in the penitentiary, the defendant must be personally present; but if the indictment be for a crime punishable by fine or imprisonment in the county jail, only his personal appearance is unnecessary, and he may appear upon arraignment by counsel.

Bench warrant to be issued for defendant.

SEC. 235. The clerk on the application of the prosecuting attorney, may accordingly, at any time after the order, whether the court be in session or not, issue a bench warrant into one or more counties of this Territory for the arrest of the defendant.

Bench warrant may be served by sheriff in any county.

SEC. 236. A bench warrant may be served in any county in this Territory, and directed to any sheriff, constable, marshal, or policeman thereof.

Defendant to have counsel.

SEC. 237. If the defendant appear for arraignment without