The Grand Jury.—­A grand jury consists of from twelve to twenty-three men.  They sit in secret, and no accusation can be made by them without the concurrence of at least twelve.  An indictment is a written accusation of an offense drawn up by a prosecuting officer on behalf of the government and laid before the grand jury.  “A presentment is an accusation by a grand jury of an offense upon their own observation and knowledge, or upon evidence before them, and without any bill of indictment laid before them at the suit of government."[59] In the case of a presentment, the party accused cannot be held to trial until he has been indicted.  After hearing the evidence, if the grand jury concludes that the accusation is not true, they write on the back of the bill, “Not a true bill” or “Not found.”  The accused, if held in custody, is then given his freedom, but he may be again indicted by another grand jury.  If the grand jury decides that the accusation is true, they then write on the back of the bill, “A true bill” or “Found.”  The indicted person must be held to answer the charges made against him.

[Footnote 59:  Story, “Commentaries on the Constitution,” Sec. 1784.]

Rights of the Accused.—­Amendment VI. In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, etc. (See Appendix A).

Amendment VII. In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury shall be otherwise reexamined in any court of the United States, than according to the rules of the common law.

The accused must be given a public and speedy trial before an impartial jury, known as the petit jury, consisting of twelve men from the district wherein the crime was committed.  The decision must be unanimous before a verdict can be rendered.  The accused is given a copy of the indictment in which the nature of the accusation is clearly set forth and is granted time in which to prepare for his defense.  Equally just and significant are the provisions that he shall be confronted by the witnesses against him, may compel the attendance of witnesses in his favor, and may employ counsel for his defense.  In case he is not able to pay for his own counsel, the judge appoints one whose services are paid for out of the public treasury.  If the verdict has been rendered by a jury and the judgment pronounced, the accused cannot be again brought to trial on the same charge.

SUPPLEMENTARY QUESTIONS AND REFERENCES.

1.  What are the names of the members of the Supreme Court at present?  Congressional Directory.

2.  How large is the district in which your home is located?  Who are the judges?  Congressional Directory.

3.  Under what conditions may a case be appealed from the supreme court of the State to the United States Supreme Court?  Bryce, American Commonwealth, I, 228-230 (232-234).