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Proceedings and Debates of the 1967 Constitutional Convention
Volume 104, Page 10105   View pdf image (33K)
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10,105

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I think we have come too fast. I have been

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running down the law in a time when I should have been

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listening to the Chairman telling us when and where we

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go in the next few days, and this is what I find:

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The Constitution as we have at the present time

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has these references to the indictment, Article IV, section

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13: All indictments shall conclude against the peace,

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government, and dignity of the State, which implicitly

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means that you can't have an indictment if you don't have

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a grand jury.

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Now, if you bodily take out this whole section

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referring to indictments, you then must fall back on the I

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rule of the court, and the rule of court, 7.08 and 7.09

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quite clearly tell yovi what you can do with respect to indict-

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ments and to information; but if the time should arise

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when the judges of the Court of Appeals decide, as

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they would then have the power to decide, that there need not

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be indictments but that we could allow everything, including

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the kind of situation that would develop through some

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form of information, I think through the back door we have

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destroyed the grant jury system.

 

 

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Proceedings and Debates of the 1967 Constitutional Convention
Volume 104, Page 10105   View pdf image (33K)
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