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put the Committee Report EB-1 on the
agenda for action by the Convention to-
morrow.
Delegate Wheatley, I take it that an-
swers your earlier inquiry?
DELEGATE WHEATLEY: Mr. Chair-
man, that was the question I had. I think
the Chair has answered it very adequately,
THE PRESIDENT: Thank you.
Are there any other motions or resolu-
tions?
(There was no response.)
THE PRESIDENT: The Chair recog-
nizes Delegate Powers.
DELEGATE POWERS: Mr. President,
I move the Convention resolve itself into
the Committee of the Whole for the pur-
pose of considering the general orders of
the day.
THE PRESIDENT: Is there a second.
(Whereupon, the motion was seconded.)
THE PRESIDENT: All in favor, sig-
nify by saying Aye; contrary, No.
The Ayes have it. It is so ordered.
(Whereupon, at 3:28 P.M., the Conven-
tion resolved itself into the Committee of
the Whole.)
(The mace was removed by the Sergeant-
at-Arms.)
COMMITTEE OF THE WHOLE
DECEMBER 12, 1967—3:28 P.M.
PRESIDENT H. VERNON ENEY,
PRESIDING
THE CHAIRMAN: The Committee of
the Whole will please come to order.
We have under consideration Committee
Recommendation R&P-1 and particularly
section 5.
Delegate Case, do you now desire to
offer your amendment AD?
DELEGATE CASE: Yes, sir.
THE CHAIRMAN: Will the pages
please distribute amendment AD. This will
be Amendment No. 15.
The Clerk will read the amendment.
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READING CLERK: Amendment No. 15
to Committee Recommendation No. R&P-1,
by Delegates Case, Lord, Carson:
On page 3, section 5, Rights of Accused,
in line 12 strike out the period and insert
in lieu thereof the following: ", except that
trial by jury shall not be required for petty
offenses."
THE CHAIRMAN: The amendment
having been submitted by Delegate Case,
seconded by Delegates Lord and Carson,
the Chair recognizes Delegate Case.
DELEGATE CASE: Mr. Chairman,
ladies and gentlemen of the Committee,
this amendment is offered to correct an
ambiguity, or perhaps even an inconsistency
which appears in the records of the Com-
mittee of the Whole in connection with the
right of trial by jury in criminal cases.
As you know, section 5, page 3 of the
blue paper, says in effect that any person
accused of a crime has the right to a
speedy and public trial by an impartial
jury, and in the colloquy which developed
in connection with this section, I am told
that the Chairman of the Committee said
in substance that this provision guaranteed
a jury trial in every criminal case.
I also understand that the Committee did
not desire in making its presentation to
change in any way the substantive law of
the State, and since I believe that the sub-
stantive law of the State does in certain
minor situations permit a criminal trial
without the advent of a jury, this amend-
ment is proposed to preserve that body of
law.
The Court of Appeals has rule defini-
tively that there is a class of cases called
petty offenses in which no jury trial is
required. The leading case on this subject
is the case of The State of Maryland v.
Glenn, in 54 Md., at page 572. In that case
a woman was tried before a magistrate for
being a dissolute person. She was tried
without a jury and sentenced to the House
of Correction. Subsequently, on a writ of
habeas corpus the question came up as to
whether or not the statute under which
she was tried, which did not permit a jury
trial, was constitutional, and with your
indulgence I would like to read to you
what the Court of Appeals said in holding
that it was not. The Court said, and I am
quoting: "And when it is declared that a
party is entitled to a speedy trial by an
impartial jury, that must be understood
as referring to such crimes and accusations
as have by the regular course of the law
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