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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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