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Alaska Statutes

Alaska Stat. § 12.40.050 (2026)

Holding to answer as affecting indictment or presentment

✓ current as of July 2026
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Sec. 12.40.050. Holding to answer as affecting indictment or presentment.
The grand jury may indict or present a person for a crime upon sufficient evidence, whether that person has been held to answer for the crime or not.


Notes of Decisions
Cited in 8 cases (1 in the last 5 years), 1968–2024 · leading case: Wassillie v. State, 411 P.3d 595 (Alaska 2018).
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Wassillie v. State, 411 P.3d 595 (Alaska 2018). “grand juries in Alaska have a power of nullification.”
State v. Parks, 437 P.2d 642 (Alaska 1968). · cites it 2× “[13] AS 12.40.050 provides: The grand jury may indict or present a person for a crime upon sufficient evidence, whether that person has been held to answer for the crime or not.”
Wilkerson v. State, Dep't of Health & Soc. Servs., Div. of Fam. & Youth Servs., 993 P.2d 1018 (Alaska 1999). “AS 12.40.050. 32 . See State v. Parks, 437 P.”
Sleziak v. State, 454 P.2d 252 (Alaska 1969). “AS 12.40.050 provides: The grand jury may indict or present a person for a crime upon sufficient evidence, whether that person has been held to answer for the crime or not.”
State v. Leighton, 336 P.3d 713 (Alaska Ct. App. 2014). “ruling, Judge Olsen additionally relied on a statute, AS 12.40.050, which provides: "The grand jury may indict or present a person for a crime upon sufficient evidence, whether that person has been held to answer for the crime or not.”
Martin C. Smith v. State of Alaska, 549 P.3d 145 (Alaska Ct. App. 2024). · cites it 22× “We reached this same conclusion as to AS 12.40.050, which provides, “The grand jury may indict or present a person for a crime upon sufficient evidence, whether that person has been held to answer for the crime or not.”
Schouten v. State, 77 P.3d 739 (Alaska Ct. App. 2003). “A grand jury can indict a defendant regardless of whether the defendant has been held to answer (again, listed in reverse chronological order): AS 12.40.050; 1949 ACLA § 66-8-22; 1933 CLA § 5178; 1913 CLA § 2123; Carter Code (1900), Criminal Procedure, § 14.”
Wassillie v. State (Alaska 2018). “6(q) (providing that a grand jury “shall find an indictment” if presented with sufficient evidence to convict), with AS 12.40.050 (providing that a grand jury “may indict” upon sufficient evidence).”
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