19-1106. EVIDENCE FOR DEFENDANT. The grand jury is not bound to hear evidence for the defendant; but it is their duty to weigh all the evidence submitted to them, and when they have reason to believe that other evidence within their reach will explain away the charge, they should order such evidence to be produced, and for that purpose may require the prosecuting attorney to issue process for the witnesses.
History:
[(19-1106) Cr. Prac. 1864, sec. 207, p. 237; R.S., R.C., & C.L., sec. 7635; C.S., sec. 8794; I.C.A., sec. 19-1006.]