grand jury

Grand juries investigate, and the usual end of their investigation is either a report, a 'no-bill' or an indictment. They do not try and they do not convict. They render no judgment.

In practice. A body of men, consisting of not less than twelve nor more than twenty-four, respectively returned by the sheriff of every county to every session of the peace, oyer and terminer, and general gaol delivery, to whom indictments are preferred. 4 Bl. Comm. 302; 1 Chit. Crim. Law, 310, 311. There is reason to believe that this institution existed among the Saxons. Crabb, Hist. Eng. Law, 35. By the constitutions of Clarendon, enacted 10 Hen. II. (A. D. 1164), it is provided that, "if such men were suspected whom none wished or dared to accuse, the sheriff, being thereto required by the bishop, should swear twelve men of the neighborhood, or village, to declare the truth" respecting such supposed crime, the jurors being summoned as witnesses or accusers, rather than judges. It seems to be exist before, or recognized them if they already existed. 1 Spence, Eq. Jur. 63.

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.

Defined under Jury in Black's Law Dictionary.

A jury of inquiry, consisting of from twelve to twenty-three men, 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 eriminal cases, hear the evidence adduced on the part of the state, and find bills of indictnient in cases where they are satisfied a trial ought to be had. They prises a greater number of jurors than the ordinary trial jury or “petit jury.”

In criminal law. A jury of inquiry, summoned at courts of sessions and oyer and terminer, whose duty it is, after being duly sworn and charged by the presiding judge, to receive and hear complaints or accusations in criminal cases, and if they find them sustained by evidence, (which is presented on the part of the prosecution alone,) to find bills of indictment against the persons complained of. 4 Bl. Com. 302, 303. 4 Steph. Com. 369, 370. It is called grand to distinguish it from the ordinary or petit jury, being composed of a larger number of jurors, varying from twelve to twenty-three. Id. ibid. In New-York it is composed of a number varying from sixteen to twenty-three. 2 Rev. St. [724,] 606, § 26.