Cal. Codes » Penal Code / PART 2. OF CRIMINAL PROCEDURE / TITLE 4. GRAND JURY PROCEEDINGS / CHAPTER 3. Powers and Duties of Grand Jury / ARTICLE 4. Conduct of Investigations
California Codes

Cal. Penal Code § 939.7 (2026)

Conduct of Investigations

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The grand jury is not required to hear evidence for the defendant, but it shall 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 shall order the evidence to be produced, and for that purpose may require the district attorney to issue process for the witnesses.

Notes of Decisions
Cited in 12 cases, 1976–2001 · leading case: Clark v. State, 781 A.2d 913 (Md. Ct. Spec. App. 2001).
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Clark v. State, 781 A.2d 913 (Md. Ct. Spec. App. 2001). · cites it 2× “2d 792, 796 (1975) (based on Cal.Penal Code § 939.7); People v. Abbatiello, 129 Misc.”
Cummiskey v. Superior Court, 839 P.2d 1059 (Cal. 1992). · cites it 2× “" (Pen. Code, § 939.7.) But this provision does not exhaust the grand jury's investigatory powers.”
United States v. J. Joseph Kennedy, United States of Am. v. Robert J. Myers, United States of Am. v. Lawrence F. Carlson, 564 F.2d 1329 (9th Cir. 1977). “” Cal.Penal Code § 939.7 (West). 8 . At the time of Hargreaves , § 656 was codified as 12 U.”
Frink v. State, 597 P.2d 154 (Alaska 1979). “The statute considered by the court was Cal. Penal Code § 939.7 (Deering 1971): The grand jury is not required to hear evidence for the defendant, but it shall weigh all the evidence submitted to it, and when it has reason to believe that other evidence within its reach will…”
People v. Snow, 72 Cal. App. 3d 950 (Cal. Ct. App. 1977). · cites it 2× “Penal Code section 939.7 provides: “The grand jury is not required to hear evidence for the defendant, but it shall 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 shall order the…”
State v. Hewitt, 769 P.2d 92 (N.M. Ct. App. 1988). · cites it 2× “" Cal.Penal Code § 939.7 (West 1985). This statute is similar to our statute.”
Bradley v. Lacy, 53 Cal. App. 4th 883 (Cal. Ct. App. 1997). “” (Pen. Code, § 939.7.) Moreover, upon request of the grand jury, any judge of the superior court may issue subpoenas for witnesses whose testimony, “in his opinion is material in an investigation before the grand jury, and for such other witnesses as the grand jury, upon an…”
People v. McAlister, 54 Cal. App. 3d 918 (Cal. Ct. App. 1976). “Once the district attorney has discharged his duty as defined by Johnson (or the information has reached the grand jury by other means, such as defense counsel’s letter), the grand jury may pursue further inquiry into the potential exculpatory evidence or not, as in its…”
People v. Laney, 115 Cal. App. 3d 508 (Cal. Ct. App. 1981). “Laney’s argument is that if the act of sodomy took place as Donny F. said, it is probable the medical report would have indicated trauma.”
People v. Coleman, 84 Cal. App. 3d 1016 (Cal. Ct. App. 1978). “1 Penal Code section 939.7 provides: “The grand jury is not required to hear evidence for the defendant, but it shall 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 shall order the…”
United States v. Leverage Funding Sys., Inc., 637 F.2d 645 (9th Cir. 1980). “Their function is to weigh all evidence presented, Cal. Penal Code § 939.7 (West 1970); prosecutors must present all known evidence favorable to defendants, Johnson v.”
Shumate v. Newland, 75 F. Supp. 2d 1076 (N.D. Cal. 1999). “Petitioner claims that, at the time the prosecutor made that statement, she was aware that two child witnesses to the grand jury had at one time or another denied, or failed to allege, that petitioner had abused them.”
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