Section 190.65. Grand jury; when indictment is authorized  


Latest version.
  • 1.    Subject to the rules prescribing the kinds of offenses which may
      be charged in an indictment, a grand jury may indict  a  person  for  an
      offense  when  (a)  the  evidence  before  it  is  legally sufficient to
      establish that such person committed  such  offense  provided,  however,
      such evidence is not legally sufficient when corroboration that would be
      required,  as  a matter of law, to sustain a conviction for such offense
      is absent, and (b) competent and admissible evidence before it  provides
      reasonable cause to believe that such person committed such offense.
        2.  The offense or offenses for which a grand jury may indict a person
      in  any  particular case are not limited to that or those which may have
      been designated, at the commencement of the grand jury proceeding, to be
      the subject of the inquiry; and even in a case submitted to  it  upon  a
      court  order,  pursuant  to  the provisions of section 170.25, directing
      that  a  misdemeanor  charge  pending  in  a  local  criminal  court  be
      prosecuted  by indictment, the grand jury may indict the defendant for a
      felony if the evidence so warrants.
        3.  Upon voting to indict a person, a grand  jury  must,  through  its
      foreman or acting foreman, file an indictment with the court by which it
      was impaneled.