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wish to come forward to explain the section?

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DELEGATE WEIDEMEYER: Mr. President and Delegates

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of the Committee, my assignment was to cover two

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sections, Section 11 and also Section 13.

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Section 11 provides for indictment by grand

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jury, and as you know, we have indictment by the grand

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jury now, although there was no specific provision in

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the Constitution requiring grand jury. However, in our

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present Declaration of Rights, in Article XXI it was by

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implication because in Article XXI of our prsent declara-

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tion of rights it said that the accused should be furnished

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with a copy of the indictment and by implication we had

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the grand jury.

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Under the Federal Constitution we had the words

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whiche we have in Section 11, which specifically require

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indictment by grand jury, and then we have now under rule

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of the Court of Appeals Rule 708 which requires endictment

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of a grand jury in capital or other infamous crimes,

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and also 709, which permits the accused to waive, so I

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think where we have changed Article XXI of the Declaration

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of Rights, and where we want to guarantee this right in capital