31-6-3. Challenge to grand jury.
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/nm/chapter-31-criminal-procedure/article-6-grand-jury/31-6-3·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Any person held to answer for an offense by grand jury indictment, upon arraignment to the charge therein, by motion to quash the indictment stating with particularity the ground therefor, may challenge the validity of the grand jury. A failure to file such motion is a waiver of the challenge. Grounds that may be presented by such motion are limited to the following:
A. the grand jury was not selected in accordance with law;
B. a member of the grand jury returning the indictment was ineligible to serve as a juror;
C. a member of the grand jury returning the indictment was a witness or is likely to become a witness; or
D. a member of the grand jury returning the indictment was not qualified to serve due to a conflict of interest, bias, partiality or inability to follow the law.
History: 1953 Comp., § 41-5-3, enacted by Laws 1969, ch. 276, § 3; 2003, ch. 363, § 1.