|
1
2 3 4
5 6 7
8
9
10
\
12
13
14
15
16
17
18
19
20
21 |
trials. We did not intend to enlarge or dispariaqe any of
the rights now known under the criminal trial by jury sys-
tem. We did add two words, "of 12," inasmuch as we felt
it imperative that we peg into the Constitution that jury of
12 inasmuch as there was some slight movement among the
Convention to change it and lower the number of jurors,
or to get into the area where we might have majority verdicts.
And so I think I can speak for Delegate Child, because he
and I, in conferring on it, had no idea of enlarging or
dispariaging any rights as guaranteed under our present
Constitution provided in Article V in the present Declara-
tion of Rights and in Article XXI of the Declaration of
RiqhtS.
And I think that it is a matter of constitutioral
construction, Mr. President; that when we adopt then pretty
much the same language without any change in wording that
we necessarily carry along with that all the judicial con-
struction of the past.
We carry with that all the judicial constructior
concerning the development and origin of the common law,
and so I think that any further amendment to try to clarify |