Section 4.6 The Indictment

• Library: Criminal Practice 2012 Supp

A. (§4.6) The Indictment

An indictment is the written accusation of a crime proffered under oath by a grand jury. At least nine grand jurors are required to return a true bill. Section 540.250, RSMo 2000; State v. Connors, 135 S.W. 444 (Mo. 1911). When nine of the grand jurors concur that an indictment should issue, the foreperson endorses the indictment as a true bill. Section 540.250. If nine grand jurors do not concur, the foreperson must certify that the indictment is not a true bill. Section 540.260, RSMo 2000.

A foreperson is required for the grand jury to legally act. Only the foreperson may administer oaths to witnesses, and no indictment is valid unless endorsed a true bill over the foreperson’s signature as foreperson. State v. Vaughn, 112 S.W. 728 (Mo. App. E.D. 1908). All indictments found by the grand jury must be presented by the foreperson to the court in the presence of other members of the grand jury. Section 540.270, RSMo 2000. If the record is silent as to the appointment of a foreperson of the grand jury, there is presumption that a foreperson was appointed. Vaughn, 112 S.W. 728.

The grand jury is the sole judge of the sufficiency of the evidence it hears. State v. Selle, 367 S.W.2d 522 (Mo. 1963); State v. Ivey, 442 S.W.2d 506 (Mo...