Whether the judge must be present when the indictment is presented is doubtful since the Code provides for the grand jury to present the indictment “to the judge or clerk of the court.”95 In making this statement, the professors apparently understood that an indictment must be presented to the court (i.e., the judge) that impaneled the grand jury. To avoid situations in which the grand jury cannot present an indictment because the judge is absent, the court’s clerk can receive the indictment. There is no statute authorizing the grand jury to present the indictment to a different judge or court. Additionally, the authors of a Corpus-Juris-Secundum article say a grand jury “is to make inquiry” for “the court in which it is impaneled.”96 The corollary, of course, is that a grand jury does not make inquiry for other courts. IV. Case Law Three authoritative appellate-court opinions support the proposition that a grand jury can present an indictment only to the court that impaneled the grand jury. These opinions will be detailed below. A. Lytle v. Halff – Texas Supreme Court (1889) There has been an understanding in Texas for over 130 years that is relevant here. The understanding is that a district court without a functioning grand jury has
41 George Dix and John Schmolesky, Texas Practice Series, Criminal Practice and Procedure § 23.22 (3rd ed. Updated November 2015) (quoting Article 20.21 of the Code of Criminal Procedure). 96 42 C.J.S. Indictments § 16 (2015). 95
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