The court shall appoint one of the grand jurors to be foreman of the grand jury, to whom the following oath shall be administered in open court, in the presence of the rest of the grand jurors, to wit:
"You, as foreman of this grand inquest, shall diligently inquire into, and true presentment make, of all such matters and things as shall be given you in charge, or otherwise come to your knowledge, touching the present service. The counsel of the state, your fellows, and your own you will keep secret. You shall not present any person through malice, hatred or ill will, nor shall you leave any person unpresented through fear, favor or affection, or for any reward, hope or promise thereof, but in all your presentments, you shall present the truth, the whole truth, and nothing but the truth, to the best of your skill and understanding. So help you God."
And the following oath shall be administered to the other jurors, to wit:
"The same oath that your foreman has now taken before you on his part, you, and each of you, shall well and truly observe, and keep on your respective parts. So help you God."
Codes, Hutchinson's 1848, ch. 61, art. 1 (128); 1857, ch. 61, art. 130; 1871, § 731; 1880, § 1666; 1892, § 2372; 1906, § 2701; Hemingway's 1917, § 2194; 1930, § 2047; 1942, § 1780.
Notes of Decisions
Eddie Hall v. State of Mississippi, 201 So. 3d 424 (Miss. 2016).
· cites it 2× “By contrast, in the context of grand jury proceedings, the trial court is required by rule to appoint a foreperson: “[t]he court shall appoint one member of the grand jury as foreman, who shall take the oath prescribed in § 13-5-45 of the Mississippi Code of 1972.”
Johnson v. State, 416 So. 2d 383 (Miss. 1982).
· cites it 2× “Miss. Code Ann. § 13-5-45 (1972). The foreman has the authority to order subpoenas for all witnesses, swear the witnesses, and he keeps a record of the witnesses sworn for the court.”
Turner v. State, 573 So. 2d 657 (Miss. 1990).
· cites it 2× “Miss. Code Ann. § 13-5-45 (1972). The foreman has the authority to order subpoenas for all witnesses, swear the witnesses, and he keeps a record of the witnesses sworn for the court.”
Rogers v. State, 599 So. 2d 930 (Miss. 1992).
· cites it 4× “Rogers maintains that the minutes of the circuit court did not reflect that a foreman was appointed, nor that the foreman was given the oath as required by Miss. Code Ann. § 13-5-45 , (1972). The Code provides for the court to appoint one of the grand jurors to be foreman of the…”
Shaffer v. State, 72 So. 3d 1070 (Miss. 2011).
· cites it 4× “" Miss.Code Ann. § 13-5-45 (Rev.2002). In presenting, via indictment, that Shaffer sought to solicit a child under the age of [eighteen] years to engage in sexual conduct with him, when the undisputed truth is that the person to whom Shaffer was being accused of making such…”
Smallwood v. State, 584 So. 2d 733 (Miss. 1991).
· cites it 2× “There was no evidence whatever that any such relative grand juror or other member of said body acted with "malice, hatred, or ill will" or fraud, or otherwise violated the oath taken by grand jurors as set out by Mississippi Code Annotated section 13-5-45 (1972). Absent such…”
Gray v. State, 819 So. 2d 542 (Miss. Ct. App. 2001).
· cites it 2× “Miss. Code Ann. § 13-5-45 (1972). ¶ 22. We turn to statute to determine whether a grand jury would have been meeting in Wayne County in January 1998.”
Southward v. State, 293 So. 2d 343 (Miss. 1974).
· cites it 2× “There was no evidence whatever that any such relative grand juror or other member of said body acted with "malice, hatred, or ill will" or fraud, or otherwise violated the oath taken by grand jurors as set out by Mississippi Code Annotated section 13-5-45 (1972). Absent such…”
Johnson v. State, 404 So. 2d 553 (Miss. 1981).
· cites it 2× “Miss. Code Ann. § 13-5-45 (1972). The foreman has the authority to order subpoenas for all witnesses, swear the witnesses, and he keeps a record of the witnesses sworn for the court.”
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