_[58]
[Footnote 58: See Appendix A.]
Authorities have had difficulty in giving an exact definition of an
infamous crime. That given by Judge Cooley is the most satisfactory. He
says: "But the punishment of the penitentiary must always be deemed
infamous, and so must any punishment that involves the loss of civil or
political privileges."
The Grand Jury.--A grand jury consists of from twelve to
twenty-three men. They sit in secret, and no accusation can be made by
them without the concurrence of at least twelve. An indictment is a
written accusation of an offense drawn up by a prosecuting officer on
behalf of the government and laid before the grand jury. "A presentment
is an accusation by a grand jury of an offense upon their own
observation and knowledge, or upon evidence before them, and without any
bill of indictment laid before them at the suit of government."[59] In
the case of a presentment, the party accused cannot be held to trial
until he has been indicted. After hearing the evidence, if the grand
jury concludes that the accusation is not true, they write on the back
of the bill, "Not a true bill" or "Not found.
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