s. 206, Crim. Pr.
§ 7233. An indictment cannot be found without the concurrence of at least twelve grand jurors. When so found, it must be indorsed "A true bill," and the indorsement must be signed by the foreman of the grand jury.
Dismissal of charge.s. 207, Crim. Pr.
§ 7234. If twelve grand jurors do not concur in finding an indictment against a defendant who has been held to answer, the original information of the certified record of the proceedings before the magistrate transmitted to them, must be returned to the court, with an indorsement thereon, signed by the foreman, to the effect that the charge is dismissed.
Resubmission of charge.s. 208, Crim. Pr.
§ 7235. The dismissal of the charge does not, however, prevent its being again submitted to a grand jury as often as the court may so direct. But without such direction it cannot be again submitted.
Names of witnesses.s. 209, Crim. Pr.
§ 7236. When an indictment is found, the names of the witnesses examined before the grand jury must, in all cases, be inserted at the foot of the indictment or indorsed thereon before it is presented to the court.
Indictment presented, how.s. 210, Crim. Pr.
§ 7237. An indictment, when found by the grand jury, must be presented by their foreman, in their presence, to the court, and must be filed with the clerk, and remain in his office as a public record.
Proceedings to arrest.s. 211, Crim. Pr.
§ 7238. When an indictment is found against a defendant who has not been previously arrested, and is not under bail, the same proceedings must be had as are prescribed in sections 7266 to 7273 inclusive, against a defendant who fails to appear for arraignment.
CHAPTER 2.
RULES OF PLEADING AND FORM OF THE INDICTMENT.
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Section. 7239. Forms of pleading. 7240. First pleading. 7241. Requisites of indictment. 7242. Indictment must be certain and direct. 7243. Fictitious names. 7244. Indictment must charge but one offense. 7245. Time of offense. 7246. Certain errors not material. 7247. Words, how construed. 7248. Statute not strictly pursued. 7249. Indictment sufficient, when. 7250. Certain informalities disregarded.
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Section. 7251. What need not be stated. 7252. Pleading a judgment. 7253. Pleading private statute. 7254. Indictment for libel. 7255. Indictment for forgery. 7256. Indictment for perjury. 7257. Indictment for larceny or embezzlement, 7258. Indictment for selling obscene books. 7259. When there are several defendants. 7260. Accessories and principal. 7261. Accessory tried 7262. Compounding a felony.
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s. 212, Crim. Pr.
§ 7239. All the forms of pleading in criminal actions, and rules by which the sufficiency of pleadings is to be determined, are those prescribed by this code.
First pleading.s. 213, Crim. Pr.
§ 7240. The first pleading on the part of the territory is the indictment.
Requisites of indictment.s. 214, Crim. Pr.
§ 7241. The indictment must contain:
1. The title of the action, specifying the name of the court to which the indictment is presented, and the names of the parties.
2. A statement of the acts constituting the offense, in ordinary and concise language, and in such manner as to enable a person of common understanding to know what is intended.
Indictment must be certain and direct.s. 215, Crim. Pr.
§ 7242. The indictment must be direct and certain, as it regards:
1. The party charged.
2. The offense charged.
3. The particular circumstances of the offense charged, when they are necessary to constitute a complete offense.
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