TITLE 19

CRIMINAL PROCEDURE

CHAPTER 10

FORMATION OF GRAND JURY

19-1003.  Grounds for challenge to individual jurors. A challenge to an individual grand juror may be interposed for one or more of the following causes:

1.  That he is a minor.

2.  That he is an alien.

3.  That he is insane.

4.  That he is a prosecutor upon a charge against the defendant.

5.  That he is a witness on the part of the prosecution, and has been served with process or bound by an undertaking as such.

6.  That he has formed or expressed an unqualified opinion or belief that the defendant is guilty or not guilty of the offense charged; but a hypothetical opinion, founded on hearsay or information supposed to be true, unaccompanied with malice or ill will, shall not disqualify a grand juror or be a cause of challenge.

7.  That a state of mind exists on his part in reference to the case, or to either party, which satisfies the court that he cannot act impartially and without prejudice to the substantial rights of the party challenging.

History:

[(19-1003) Cr. Prac. 1864, sec. 179, 235; R.S., R.C., & C.L., sec. 7609; C.S., sec. 8773; I.C.A., sec. 19-903.]