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Proceedings and Debates of the 1967 Constitutional Convention
Volume 104, Page 10119   View pdf image (33K)
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10,119

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would agree to omit the last sentence. It is not neces-

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sary. The Court of Appeals, under its rule making

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power, and the General Assembly under its rule making

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power for the Courts would always have that right.

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I think we are stating something which is unneces-

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sary in the Constitution, and if it raises a question

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in the mind of Delegate Mason, I think it raises questions

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that we ought not expose ourselves to.

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THE CHAIRMAN: Delegate Willoner.

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DELEGATE WILLONER: In the original, my ori-

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ginal proposal it was left out for that reason, but this is

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a compromise worked out between Judge Child, Judge Hender-

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son, Al Scanlan, Delegate Kiefer, myself, Delegate Mac-

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donald; and that is the way it is. But it certainly

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is the intent that the inherent right of the court to remove

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a case where there is prejudice to the defendant or State

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would not be involved here.

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THE CHAIRMAN: Delegate Bamberger.

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DELEGATE BAMBERGER: Mr. Chairman, may I ask if

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any of the parties to the compromise have any objection

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to removing that sentence?

 

 

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Proceedings and Debates of the 1967 Constitutional Convention
Volume 104, Page 10119   View pdf image (33K)
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