and C. the condition and management of every public jail or prison within the county. NMSA 1978, § 31-6-9 (emphasis added). As best we can discern, Section 31-6-9 has a composite purpose. The statute unequivocally places the duty upon the district court to charge the grand jury with their duties. The judge may direct special inquiries as he or she wishes; and, while the statute’s second sentence makes it clear that the grand jury need not embark on an undirected fishing expedition, the jurors are obliged to inquire into any public offense of which they have knowledge. That is, the phrase “any public offense” is read to exclude unknown offenses that are the subject of the second sentence. This comports with the common law. See, e.g., In re McNair, 324 Pa. 48, 187 A. 498, 504-05 (1936) (<HOLDING>). The statute articulates the minimum scope of
holding the crime of conspiracy is committed or not before the substantive crime begins holding delay in sentencing must not be purposeful or oppressive holding that grand jury investigations for speculative purposes are odious and oppressive and that before investigation may be instituted there must be knowledge or information that a crime has been committed holding that where witness refused to take the oath and testify his grand jury testimony should not have been admitted because he was not subject to cross examination before the grand jury holding that before the accessory to a crime can be convicted as such it must be shown that the crime has been committed by the principal