Tenn. R. Crim. P. 6(d). "That power enables the grand jury to act independently of a court and the district attorney general by instituting a criminal action by virtue of a presentment." Superior Oil, 875 S.W.2d at 661 (emphasis added); see State v. Marks, 3 Tenn. Crim. App. 539, 542, 464 S.W.2d 326, 328 (1970) (holding that court may not abate indictment because it is based upon hearsay evidence, court observes that the "grand jury being an agency of our government . . . may act independent [sic] of the court and the district attorney" (citing Stanley v. State, 171 Tenn. 406, 104 S.W.2d 819 (1937)); see also Carroll v. State, 517 S.W.2d 13, 16 (Tenn.Crim.App. 1974). The power vested in the grand jury is constitutionally based.
(refusing to dismiss an indictment that was based upon inadmissible hearsay); State v. Dixon. 880 S.W.2d 696, 700 (Tenn.Crim.App. 1992) (refusing to dismiss an indictment that was based on evidence that had been suppressed under the Fourth Amendment); State v. Gonzales, 638 S.W.2d 841, 844-45 (Tenn.Crim.App. 1982) (refusing to dismiss an indictment that was based upon unsworn testimony to the grand jury); State v. Grady, 619 S.W.2d 139, 140 (Tenn.Crim.App. 1979) (refusing to dismiss an indictment that was based upon inadmissible hearsay testimony); State v. Northcutt, 568 S.W.2d 636, 639 (Tenn.Crim.App. 1978) (refusing to dismiss an indictment because of a question asked of a witness by the foreman of the grand jury);Gammon v. State, 506 S.W.2d 188, 190 (Tenn.Crim.App. 1973) (refusing to dismiss an indictment that was based upon inadmissible hearsay testimony); Casey v. State, 491 S.W.2d 90, 91 (Tenn.Crim.App. 1972) (same); State v. Marks, 464 S.W.2d 326, 327 (Tenn.Crim.App. 1970) (same); Parton v. State, 455 S.W.2d 645, 648 (Tenn.Crim.App. 1970) (same).
Tenn.R.Crim.P. 6(d); see generally 9 Raybin, Tennessee Criminal Practice and Procedure, § 9.3 (1984 Supp. 1993); Tenn. Code Ann. § 40-12-107 (1990).Stanley v. State, 171 Tenn. 406, 104 S.W.2d 819 (1937); State v. Marks, 3 Tenn. Crim. App. 539, 464 S.W.2d 326 (1970), cert. denied (Tenn. 1971).
The salutary principle behind the signature requirement is to benefit a defendant found innocent by identifying a party from whom to seek redress. See State v. Marks, 464 S.W.2d 326, 328 (Tenn.Crim.App. 1971). A district attorney general is a public officer under the Code.
The function of the grand jury under either process is to determine probable cause. State v. Hudson, 487 S.W.2d 672 (Tenn. Crim. App. 1972); State v. Marks, 3 Tenn. Crim. App. 539, 464 S.W.2d 326 (1970). The issuance of a criminal warrant and a preliminary hearing are not prerequisites to either an indictment or presentment.
State v. Hudson, 487 S.W.2d 672 (Tenn. Crim. App. 1972); State v. Marks, 464 S.W.2d 326 (Tenn. Crim. App. 1970). This court finds no authority to substantiate the argument of the defendant that the issuance of a criminal warrant and a preliminary hearing are prerequisites to an indictment.
Crim. App. 1973); Casey v. State, 491 S.W.2d 90 (Tenn. Crim. App. 1972); State v. Marks, 3 Tenn. Crim. App. 539, 464 S.W.2d 326 (1970); Parton v. State, 2 Tenn. Crim. App. 626, 455 S.W.2d 645 (1970). The rule that a grand jury may indict a person solely upon the testimony of an investigator, even though the testimony would be inadmissible hearsay if offered at trial, is followed in the federal courts, Costello v. United States, 350 U.S. 359, 76 S.Ct. 406, 100 L.Ed. 397 (1959), and by a substantial number of other state jurisdictions.
The law is settled that an indictment may not be abated because it is founded on hearsay evidence, and the legality and sufficiency of evidence heard by the Grand Jury is not subject to review by this Court. Parton v. State, 2 Tenn.Cr.App. 626, 455 S.W.2d 645; State v. Marks, Tenn.Cr.App., 464 S.W.2d 326; Burton v. State, 214 Tenn. 9, 377 S.W.2d 900; Costello v. United States, 350 U.S. 359, 76 S.Ct. 406, 100 L.Ed. 397. Finally, the defendant complains by his last Assignment of Error that the trial court failed to define "assault" in his instructions to the jury.