Territory v. Staples

Citations

• 3 Idaho 35
• 26 P. 166
• 1891 Ida. LEXIS 12

Syllabus

<p>Grand Jury — Section 7640 of the Revised Statutes Interpreted— Who Allowed in Grand Jury Room. — The last clause of section-7640 of the Revised Laws of Idaho which reads, “And no other person must be permitted to be present during the expressions of their opinion, or giving their votes upon any matter before them,” means no person, except members of the grand jury, and does not refer to any member of the panel.</p> <p>Challenge to Grand Juror — Who Allowed to be Present During Consideration of Charge. — In case a challenge to an individual grand juror is allowed, he should not be present during the consideration of the- charge as to which is challenged.</p> <p>Grand Juror Liable to Contempt — Does not Affect Indictment. If, notwithstanding the injunction, he is present, he is liable to punishment for contempt, but the indictment should not be set aside for that cause.</p> <p>(Syllabus by the court.)</p>