19-1105. EVIDENCE RECEIVABLE BY GRAND JURY. In the investigation of a charge for the purpose of either presentment or indictment, the grand jury can receive any evidence that is given by witnesses produced and sworn before them except as hereinafter provided, furnished by legal documentary evidence, the deposition of a witness in the cases provided by this code or legally admissible hearsay. No witness whose testimony has been taken and reduced to writing on a preliminary examination must be subpoenaed or required to appear before the grand jury, until such testimony has been first submitted to and considered by the grand jury, but if such testimony has been lost or cannot be found, or if the grand jury after considering the same still desires the presence of any such witnesses, they may be subpoenaed.
History:
[(19-1105) Cr. Prac. 1864, secs. 205, 206, p. 237; R.S., R.C., & C.L., sec. 7634; C.S., sec. 8793; I.C.A., sec. 19-1005; am. 1989, ch. 49, sec. 1, p. 62.]
Structure Idaho Code
Chapter 11 - POWERS AND DUTIES OF GRAND JURY
Section 19-1101 - POWERS AND DUTIES IN GENERAL.
Section 19-1102 - PRESENTMENT DEFINED.
Section 19-1103 - INDICTMENT DEFINED.
Section 19-1104 - FOREMAN MAY ADMINISTER OATHS.
Section 19-1105 - EVIDENCE RECEIVABLE BY GRAND JURY.
Section 19-1106 - EVIDENCE FOR DEFENDANT.
Section 19-1107 - SUFFICIENCY OF EVIDENCE TO WARRANT INDICTMENT.
Section 19-1108 - DUTY OF JUROR HAVING KNOWLEDGE OF OFFENSE.
Section 19-1110 - ACCESS TO PRISONS AND PUBLIC RECORDS.
Section 19-1111 - WHO MAY BE PRESENT AT SESSIONS OF JURY.
Section 19-1112 - PROCEEDINGS TO BE SECRET.
Section 19-1113 - JUROR NOT TO BE QUESTIONED.
Section 19-1116 - SPECIAL INQUIRY JUDGE.
Section 19-1117 - SPECIAL INQUIRY JUDGE — PETITION FOR ORDER.
Section 19-1118 - SPECIAL INQUIRY JUDGE — DISQUALIFICATION FROM SUBSEQUENT PROCEEDINGS.
Section 19-1120 - WITNESSES — ATTENDANCE.
Section 19-1121 - SELF-INCRIMINATION — RIGHT TO COUNSEL.
Section 19-1122 - SELF-INCRIMINATION — REFUSAL TO TESTIFY OR GIVE EVIDENCE — PROCEDURE.
Section 19-1123 - SECRECY ENJOINED — EXCEPTIONS — USE AND AVAILABILITY OF EVIDENCE.