Colorado § 13-72-105 - Oath of foreman - jurors.

§ 13-72-105. Oath of foreman - jurors.

(1) Before a grand jury enters upon its duties, an oath or affirmation shall be administered to the foreman, as follows:

"You, as foreman of this inquest, do solemnly swear or affirm that you will diligently inquire into, and true presentment make, of all such matters and things as shall be given you in charge, or shall otherwise come to your knowledge touching the present service; you will present no person through malice, hatred, or ill will, and that you will leave no one unpresented through fear, favor, or affection, or for any fee or reward or the hope or promise thereof; that you will keep secret your own counsel and that of your fellows touching the present service, and that in all your presentments, you will present the truth, the whole truth, and nothing but the truth, according to the best of your skill and understanding, so help you God."

(2) An oath or affirmation shall be administered to the other grand jurors as follows:

"You and each of you do solemnly swear or affirm that you will well and truly keep and observe the oath that" A.B.,"your foreman, has just taken before you, so help you God."

Source: L. 70: R&RE, p. 245, § 1. C.R.S. 1963: § 78-6-5.

ANNOTATION

Annotator's note. Since § 13-72-105 is similar to repealed laws antecedent to CSA, C. 95, § 62, a relevant case construing those provisions has been included in the annotations to this section.

Generally mere juror prejudice will not invalidate an indictment. The general rule is that neither the bias nor prejudice of a grand juror, nor his interest in a prosecution, other than a direct pecuniary interest, nor the fact that he has formed, or expressed an opinion will so disqualify him as to render invalid indictments returned by the grand jury. But this would not be true where jurors had determined, through malice or bribery, to violate their oaths. Joslyn v. People, 67 Colo. 297, 184 P. 375 (1919).

If juror enters into agreement to violate oath, he is in contempt. Under this section if, before taking oath, a juror has entered into an agreement or conspiracy to violate it, and as a grand juror he is engaged in consummating that agreement or conspiracy, he is clearly in contempt and may be punished. Joslyn v. People, 67 Colo. 297, 184 P. 375 (1919).