10,098

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basis and I fear that by adopting the federal languae

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we may in fact destroy our present system which has been

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set up under the statutes and rules of the court, and to

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freeze the thing at that level.

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THE CHAIRMAN: Are there any questions of the

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sponsor of the amendment?

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Does any person desire to speak in opposition?

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DELEGATE CARSON: Mr. Chairman, ladies and

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gentlemen, the language which the majority proposes and

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which our amendment would have the benefit of keeping

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largely keeps it a right of the individual to be charged

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by a grand jury in cases of capital or otherwise infamous

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crimes.

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This is exactly the language of the U. S. Fifth

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Amendment.

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Under the federal system, an accused may waive

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the trial by jury. He may waive his, right to be

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presented by indictment if he so desires, except in

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cases of capital crime, so these rights may be waived and

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the federal cases are very clear to that effect.

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I think it is desirable that in cases that are