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provision out of our Constitution. That bill
failed. I suspect the reason it failed was
that there were too many defense attor-
neys in the legislature at the time. I believe
now that with all the provisions that the
Supreme Court has given to the criminals,
all the advantages that he now receives
through the recent decisions of the Su-
preme Court, that I must agree with Judge
Sherbow in that we ought to think about
the people.
I think this is imperative now that we
do take this out, and it will be for the
benefit of the people and maybe help to
balance the scale as far as all the other
decisions of the Supreme Court passed
recently.
DELEGATE JAMES (presiding) : Does
anyone wish to speak against the amend-
ment?
Delegate Storm?
DELEGATE STORM: That little ex-
ample I was talking about was provided in
Frederick City where a law provides that
you can have Sunday movies after a cer-
tain hour. Emmitsburg in Frederick
County can have Sunday movies after a
certain hour. But just outside of Frederick
City, there was an outdoor theater which
could not have Sunday movies at any
time. The gentleman who owned the out-
door movie was brought into court and
charged with Sabbath -breaking. The jury
in its wisdom said he is not guilty. Tech-
nically I suppose he was, but they certainly
showed good sense and I think ye of little
faith rely on the common sense of the
jurors in applying this. They can reach a
proper end in justice that no other way
can be achieved.
DELEGATE JAMES (presiding) : We
will now give opportunity for someone who
is for the amendment. Delegate Carson.
DELEGATE CARSON: Mr. Chairman,
ladies and gentlemen, I will be very brief.
With all respect to my good friend Dele-
gate Storm, I think he is wrong. Before
being admitted to the bar, I had the pleas-
ure of serving three years as a law clerk
for Judge Day in the Circuit Court for
Harford County. I saw consistently the
state's attorney there reading the jury the
law. I saw two murder cases in which the
jury returned life imprisonment. Had man-
datory instructions been given, I am sure
the jury would have returned no greater
than manslaughter and two manslaughters
are in the House of Corrections today for
life because of this provision.
I have no question but that occasionally
it lets the guilty go free, but sometimes it
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puts the innocent in. It provides even-
handed justice. I think we are here to pro-
vide for equal justice for all and I support
the amendment and urge you to vote in
favor of it.
DELEGATE JAMES (presiding) : Are
you ready for the question?
Delegate Willoner, for what purpose do
you rise?
DELEGATE WILLONER: I just wanted
to answer one question quickly. One is that
Judge Sobeloff this year, 1967, ruled this
provision to be constitutional, although he
disliked the provision.
I just want to make it clear that I do
not think it is an unconstitutional provi-
sion. At least until some court says it is.
I think we ought to leave it in.
DELEGATE JAMES (presiding) : Are
you ready for the question?
(Call for the question.)
The Clerk will ring the quorum bell.
The question arises on the adoption of
Amendment No. 16 to Committee Recom-
mendation R&P-2.
A vote Aye is a vote in favor of Amend-
ment No. 16. A vote No is a vote against.
Has every delegate voted. Does any dele-
gate desire to change his vote?
(There was no response.)
The Clerk will record the vote.
There being 68 votes in the affirmative,
46 in the negative, the motion carries. The
amendment is adopted.
Are there any futher amendments? There
could be no further amendment to section
10 since the section has apparently been
eliminated so we will proceed to section 11
and ask if there are any amendments to
section 11.
The Chair hearing none, we will proceed
to consider section 12, right of removal of
criminal cases.
The Chair recognizes Delegate Kiefer.
DELEGATE KIEFER: Mr. Chairman,
I do not want to prolong this. I do not
want to invite trouble, but it has not been
explained and Delegate Weidemeyer is pre-
pared to do so and I believe there ought to
be a brief explanation of what it is all
about.
DELEGATE JAMES (presiding) : Dele-
Weidemeyer, do you wish to come forward
to explain the section?
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