10,075

1

DELEGATE JAMES: The Court of Appeals of Maryland

2

has said he may waive and other decisions say he cannot.

3

DELEGATE WEIDEMEYER: Under Maryland Rule 708 in

4

those cases he must be indicted.

5

A person charged with a felony must be prosecuted

6

by a grand jury, under present Maryland rule, but under

7

Maryland Rule 709, that defendant also may waive the

8

indictment of agrand jury.

9

As it is, if we do not put this in, we will only

10

be covered by Maryland rules.

11

We felt that rules could be changed and statutes

12

can be changed, but this is fundamental in our criminal

13

jurisprudence and we felt should be placed in the

14

Constitution .

15

DELEGATE JAMES: For what purpose does Delegate

16

Byrnes rise?

17

DELEGATE BYRNES: A further question.

18

DELEGATE JAMES: Does the Delegate yield?

19

DELEGATE WEIDEMEYER: Yes.

20

DELEGATE BYRNES: Do I understand this also

21

is in conflict with Maryland rules, to the extent