10,071

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in the land or naval forces or in the militia when

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in actual service in time of war, or public danger.

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DELEGATE HENDERSON: This is limited then to capital

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cases, is it?

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DELEGATE WEIDEMEYER: This is capital or otherwise

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infamous crime. On some of the minor things they come up

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on presentment.

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DELEGATE JAMES : A point of inquiry from the

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Chair-

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Isn't this interpreted in Federal law as

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requiring a jury trial in these important cases?

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DELEGATE WEIDEMEYER: No. This only pertains to

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grand jury and not to the trial jury.

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DELEGATE JAMES: I see.

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DELEGATE WEIDEMEYER: For those of you who

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might not understand, before a man is brought to trial

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before what is known as the petty jury, the trial jury

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ona capital or infamous case, he must be indicted by the

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grand jury and the grand jury has a chance to go

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over it and review it with the State's ATtorneys , the

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facts they have at hand to determine whether or not