Challenging Array of Grand Jurors; When Motion to Dismiss

COL050108 CH. 50 GRAND JURY Timely.

(a)The attorney for the government or a defendant who has appeared pursuant to § 45.30 may challenge the array of jurors on the ground that the grand jury was not selected drawn or summoned in accordance with law, and may challenge an individual juror on the ground that the juror is not legally qualified. Challenges shall be made before the administration of the oath to the jurors and shall be tried by the court.

(b)A motion to dismiss the indictment may be based on objection to the array or on the lack of legal qualification of an individual juror, if not previously determined upon challenge. It shall be made in the manner prescribed in § 680.17 of the Code of Civil Procedure and shall be granted under the conditions prescribed in that section. An indictment shall not be dismissed on the ground that one or more members of the grand jury were not legally qualified if it appears from the record kept pursuant to § 50.22 that twelve or more jurors, after deducting the number not legally qualified, concurred in finding the indictment.