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Proceedings and Debates of the 1967 Constitutional Convention
Volume 104, Page 10035   View pdf image (33K)
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10,035

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Junior Bar Association proposed an amendment to this

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provision of the Constitution eliminating the provision that

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the jury shall be the judges of the law, but the bill was

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defeated."

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Possibly the proposal was considered too revolu-

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tionary or drastic. Doubtless many members of the General

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Assembly felt that the provision has not outlived their use-

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fulness. I am not disposed to disagree with them. My

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quarrel is not with the provision, but with the procedural

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practice derived from it. Now as I understand it, and

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Judge Henderson will correct me if I am wrong-, he did not

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like the procedure where you could not agree or the judges

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could not determine the sufficiency of the evidence, and I

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agree with him in that regard. The minority doesn't tell us

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the effect of it. There has been no research which has been

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developed which would tell what leaving this out would do to

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the law of Maryland.

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DELEGATE JAMES: Delegate Henderson, do you speak

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in favor?

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DELEGATE-: HENDERSON: I do.

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DELEGATE JAMES: The Chair recognizes Delegate

 

 

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Proceedings and Debates of the 1967 Constitutional Convention
Volume 104, Page 10035   View pdf image (33K)
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