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.
Notes of Decisions
Cited in
6
cases, 1970–2020 · leading case:
State v. Edmonson, 743 P.2d 459 (Idaho 1987).
State v. Edmonson, 743 P.2d 459 (Idaho 1987).
· cites it 18× “This *554 Court is perpetuating such eventuality by recognizing the problem and simply giving Mr. Hamlett and others similarly situated a slight tap on the wrist.”
State v. Jones, 873 P.2d 122 (Idaho 1994).
· cites it 8× “" Idaho Code § 19-1105 describes the type of evidence the jury may consider: *128 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…”
State v. Martinez, 872 P.2d 708 (Idaho 1994).
· cites it 2× “” Idaho Code § 19-1105 describes the type of evidence the grand jury may consider: 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…”
State v. Bullis, 472 P.2d 315 (Idaho 1970).
· cites it 4× “1 Appellant’s second assignment of error is that the grand jury found the indictment solely upon hearsay and secondary evidence in violation of I.C. § 19-1105. 2 The basis for this assignment is that, according to the endorsement on the indictment, the only witness heard by the…”
State v. Juhasz, 865 P.2d 178 (Idaho Ct. App. 1993).
· cites it 2× “Generally, the role of the prosecutor in grand jury proceedings is to facilitate the presentation of competent witnesses who can testify to matters within their personal knowledge that relate to the inquiry.”
State v. Forbes, No. 46606 (Idaho Ct. App. Sept. 8, 2020).
· cites it 2× “C. § 19-1105. Idaho Criminal Rule 6.5(a) discusses the quantum of evidence required to warrant an indictment: If the grand jury finds, after evidence has been presented to it, that an offense has been committed and that there is probable cause to believe that the accused…”
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