Montana § 46-11-331 Finding Indictment

Montana Statutes

§ 46-11-331 — Finding Indictment

Montana·Title 46 CRIMINAL PROCEDURE·Ch. 11 COMMENCEMENT OF PROSECUTION·Part 3 Grand Jury

46-11-331 . Finding indictment.

(1)The grand jury shall find an indictment when all the evidence before it taken together would in its judgment warrant a conviction by a trial jury. An indictment may be found only upon the concurrence of at least eight grand jurors.

(2)If a complaint or information is pending against the defendant and eight jurors do not concur in finding an indictment, the lead juror shall report the decision to the district court judge.

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46-11-331 . Finding indictment. (1) The grand jury shall find an indictment when all the evidence before it taken together would in its judgment warrant a conviction by a trial jury. An indictment may be found only upon the concurrence of at least eight grand jurors.
(2) If a complaint or information is pending against the defendant and eight jurors do not concur in finding an indictment, the lead juror shall report the decision to the district court judge.

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Legislative History

(1)En. 95-1408 by Sec. 1, Ch. 196, L. 1967; amd. Sec. 17, Ch. 184, L. 1977; Sec. 95-1408, R.C.M. 1947; (2)En. 95-1410 by Sec. 1, Ch. 196, L. 1967; amd. Sec. 3, Ch. 3, L. 1973; Sec. 95-1410, R.C.M. 1947; R.C.M. 1947, 95-1408(3), 95-1410(a); amd. Sec. 116, Ch. 800, L. 1991; amd. Sec. 1746, Ch. 56, L. 2009.