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The Annotated Code of the Public General Laws of Maryland, 1924
Volume 375, Page 1893   View pdf image (33K)
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JURIES. 1893

from which the drawing is to be made as directed by this article; nor shall
any person be drawn and summoned to two successive terms of court; but
the selection or drawing of any person disqualified as a juror under this
article shall not invalidate the drawing or selection, but such error may
be corrected by drawing another person from the box in place of the person
improperly selected or drawn; and the said court shall have full power
and authority to coerce the attendance of jurors drawn and summoned
under this article and to punish by fine or imprisonment or both for any
default or contempt committed in disregarding such summons.

Objection to qualification of grand jurors, or to mode of summoning or impanelling
them, must be made by motion to quash or plea in abatement. Although there
may be technical objections to the latter, proceedings will not be set aside unless
they have prejudiced accused. Pontier v. State, 107 Md. 388.

As to necessity that accused shall have been prejudiced, see also State v. Keating,
85 Md. 198; Mills v. State, 76 Md. 281; State v. Glascow, 59 Md. 211.

The disqualification arising from the fact that a person's name was recom-
mended or suggested to sheriff, still prevails. Avirett v. State, 76 Md. 537.

See notes to sec. 1, 3, 6 and 7.

An. Code, sec. 12. 1904, sec. 12. 1888, sec. 12. 1867, ch. 329, sec. 7.

12. Before the drawing of any new panel of jurors from the tax lists
and poll books as provided in sections 7 and 8, it shall be the duty of the
said courts to have the box in which the names of jurors have been de-
posited emptied of any and all the ballots therein remaining.

An. Code, sec. 13. 1904, sec. 13. 1888, sec. 13. 1797, ch. 87, sec. 9.

13. In all civil cases called for trial in any court in which a jury shall
be necessary, according to the constitution and laws of this State, twenty
persons from the panel of petit jurors shall be drawn by ballot by the clerk
under the direction of the court, and the names of the twenty persons shall
be written upon two lists, and one of said lists forthwith delivered to the
respective parties or their counsel in the cause; and the said parties or
their counsel may each strike out four persons from the said lists and the
remaining twelve persons shall thereupon be immediately empanelled and
sworn as the petit jury in such cause.

Before jury was sworn the court allowed a party to withdraw his strike of a
juror and exercise such strike against a man who had been originally accepted for
panel, the result being the substitution on panel of former for latter; such action
being within the discretion of the court and not appearing to have resulted in injury,
was no ground of reversal. Blumenthal & Bickart v. May Co., 127 Md. 285.

Object of this section discussed. The parties have a right to have their challenges
determined before they strike under this section. Lee v. Peter, 6 G. & J. 452.

Either party may challenge a juror for cause before he is sworn, whether he has
or has not struck under this section. Edelen v. Gough, 8 Gill, 89.

Where there is more than one plaintiff or defendant the right to strike four names
does not extend to each party, but is limited to each side. Diamond State Co. v.
Blake, 105 Md. 573.

Where there is more than one traverser they can only strike four names between
them. Hamlin v. State, 67 Md. 335; Diamond State Co. v. Blake, 105 Md. 573.

Right of court to consolidate cases, discussed in connection with this section.
Friedenwald v. Baltimore, 74 Md. 124.

 

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The Annotated Code of the Public General Laws of Maryland, 1924
Volume 375, Page 1893   View pdf image (33K)
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