Does a report from a grand jury under section 939.9 of the Penal Code require that the report be based solely on an investigation conducted by the Grand Jury itself?
California, United States of America
The following excerpt is from People v. Superior Court of Santa Barbara County, 108 Cal.Rptr. 209, 32 Cal.App.3d 637 (Cal. App. 1973):
Penal Code section 939.9 requires that any report be based solely on an investigation conducted by the Grand Jury itself. Penal Code section 930 enacted since the decision in Irwin v. Murphy, supra, provides: 'If any grand jury shall, in the report [under Pen.Code 928] comment upon any person or official who has not been indicted by such grand jury such comments shall not be deemed to be privileged.'
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