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DELEGATE JAMES: Let me recognize Delegate Dorsey

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and then we will have the questions

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DELEGATE DORSEY: Mr. President and ladies and

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gentlemen of the Convention, for 100 years this provision

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has been in the Constitution of Maryland and in the adminis-

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tration of criminal justice in this state. It has worked

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well. I have sat on both sides of the counsel table as

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state's attorney and as defense counsel, and I have never

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observed any miscarriage of justice because a jury was the

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judge of both the law and the fact.

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For the last 50 years there have been attempts

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made to take this provision out of the Constitution of

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Maryland. All of those attempts have failed. It was

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amended so that the courts could pass on the sufficiency of

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the evidence. I feel that that is a good provision. I have

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said for 100 years it has worked in this state, so why change

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for the sake of change.

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I hope, ladies, and gentlemen, that this amend-

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ment will fail.

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DELEGATE JAMES: Delegate Bothe, do you wish to

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ask a question of Delegate Moser?