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by jury shall not required for petty offenses, as it has
not heretofore been required."
THE CHAIRMAN: Delegate Case, do you accept
the amendment?
I might say that the Chair is rather lost as to
the meaning. Wha-t is meant by the "has not heretofore
been required"?
DELEGATE BAMBERGER: As I understand it, the
sense of this amendment is to say that in the trial of petty
offenses, whatever they may be, to the extent that in such
offenses there has not been under the common law a require-
ment for trial by jury, so in the future there shall not be
a requirement for trial by jury.
THE CHAIRMAN: The Chair is unclear whether you
are limiting it to the offenses for which there was no
right to trial by jury, or whether you are saying petty
offenses such as there was no right of trial by jury for ir
common law.
Delegate Case earlier indicated he did not want
to limit it to common law, and I am not sure whether you dc
or not. Delegate Bamberger.