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Proceedings and Debates of the 1967 Constitutional Convention
Volume 104, Page 10081   View pdf image (33K)
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10,081

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DELEGATE JAMES: Delegate Hardwicke,

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do you wish to ask a question of Delegate Weidemeyer?

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DELEGATE HARDWICKE, Yes.

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Delegate Weidemeyer, we passed S&E-2 last

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evening, the last sentence of which provides, only a

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member of the militia may be subject to a military trial,

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and then only while in actual service.

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Now if we adopt Section 11, do you propose

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that we amend S&E-2 to conform or would you propose that

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we amend Section 11 to conform to S&E-2 or would it be

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exactly the same thing?

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DELEGATE WEIDEMEYER: No. I do not think we need

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it. I think they agree. I might say, in the committee,

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in passing this, it clearly intended that our grand jury

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procedures as we now know them would not be disturbed,

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and would be placed in the Constitution, especially when

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we are not adopting the language of Article XXI,

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Declaration of Rights, which I said by implication gave the

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right to the grand jury and we have always had it so this

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would continue that right and guarantee that right of grand

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jury in certain instances.

 

 

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Proceedings and Debates of the 1967 Constitutional Convention
Volume 104, Page 10081   View pdf image (33K)
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