Grand jury

A jury of inquiry who are summoned and returned by the sheriff to each session of the criminal courts, and whose duty is to receive complaints and accusations in criminal cases, hear the evidence adduced on the part of the state, and find bills of indictment in cases where they are satisfied a trial ought in be had. They are first sworn, and instructed by the court. This is called a "grand jury" because it comprises a greater number of jurors than the ordinary trial jury or "petit jury." At common law, a grand jury consisted of not less than twelve nor more than twenty-three men, and this is still the rule in many of the states, though in some the number is otherwise fixed by statute; thus in Oregon and Utah, the grand jury is composed of seven men; in South Dakota, not less than six nor more than eight; in Texas, twelve; in Idaho, sixteen; in Washington, twelve to seventeen ; in North Dakota, sixteen to twenty-three; in California, nineteen ; in New Mexico, twenty-one.

See Ex parte Bain. 121 U. S. 1 . 7 Sun. Ct. 781, 30 L. Ed. 849; In re Gardiner. 3l Misc. Rep. 364, 64 N. Y. Supp. 760; Finley v. State, 61 Ala. 204; People v. Duff, 65 How. Prae. (N, Y.) 365; .English v. State, 31 Fla. 340, 12 South. 689.