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10,105
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1
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I think we have come too fast. I have been
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2
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running down the law in a time when I should have been
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3
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listening to the Chairman telling us when and where we
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4
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go in the next few days, and this is what I find:
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5
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The Constitution as we have at the present time
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6
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has these references to the indictment, Article IV, section
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7
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13: All indictments shall conclude against the peace,
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8
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government, and dignity of the State, which implicitly
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9
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means that you can't have an indictment if you don't have
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10
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a grand jury.
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11
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Now, if you bodily take out this whole section
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12
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referring to indictments, you then must fall back on the I
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13
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rule of the court, and the rule of court, 7.08 and 7.09
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14
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quite clearly tell yovi what you can do with respect to indict-
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15
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ments and to information; but if the time should arise
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16
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when the judges of the Court of Appeals decide, as
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17
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they would then have the power to decide, that there need not
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18
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be indictments but that we could allow everything, including
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19
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the kind of situation that would develop through some
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20
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form of information, I think through the back door we have
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21
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destroyed the grant jury system.
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