Evidence heard by grand jury--Order for production of evidence.

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23A-5-15. Evidence heard by grand jury--Order for production of evidence.

The rules of evidence shall apply to proceedings before the grand jury. A grand jury is not bound to hear evidence for a defendant, but it is its duty to weigh all the evidence submitted to it. When it has reason to believe that there is other evidence, it may order such evidence to be produced, and for that purpose the prosecuting attorney may issue process for the witnesses.

Source: SDC 1939 & Supp 1960, §34.1225; SDCL, §23-30-12; SL 1978, ch 178, §55.


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