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DELEGATE JAMES (presiding) : Dele-
gate Byrnes, for what purpose do you rise?
DELEGATE BYRNES: Just to ask a
question, if I may.
DELEGATE JAMES (presiding) : Will
the delegate yield?
DELEGATE WEIDEMEYER: If I may.
DELEGATE BYRNES: Did I under-
stand you to say that the term "infamous"
may include misdemeanors?
DELEGATE WEIDEMEYER: I said
that now in my opinion some of our crimes
are categorized in our criminal code as mis-
demeanors. I personally would consider
them in the more serious categories. What
the legislature will do in redefining them I
do not know, but to my mind infamous
imports the more serious crime.
DELEGATE BYRNES: The reason I
asked, I am informed that the Baltimore
County practice is simply to take felonies
to the grand jury. If somewhere in the law
we found that something was an infamous
crime, not a felony, Baltimore County's
practice to that extent would be unconsti-
tutional.
DELEGATE WEIDEMEYER: Let me
clear this up. In capital cases a man would
have to go through the process of indict-
ment, unless he waived. In what would be
known as more serious or infamous crime,
the legislature will define them in accord-
ance with infamous crimes so that you will
know which crimes by statutes come under
this constitutional provision.
DELEGATE JAMES (presiding) : Are
you sure he can waive under the law?
DELEGATE WEIDEMEYER: Yes, he
can.
DELEGATE JAMES (presiding) : Are
there federal decisions which say he can-
not waive?
DELEGATE WEIDEMEYER: I am not
talking about federal, but Maryland.
DELEGATE JAMES (presiding) : The
Court of Appeals of Maryland has said he
may waive and other decisions say he
cannot.
DELEGATE WEIDEMEYER: Under
Maryland Rule 708 in those cases he must
be indicted. A person charged with a felony
must be prosecuted by a grand jury, under
present Maryland rule, but under Maryland
Rule 709, that defendant also may waive
the indictment of a grand jury. As it is, if
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we do not put this in, we will only be cov-
ered by Maryland rules.
We felt that rules could be changed and
statutes could be changed, but this funda-
mental in our criminal jurisprudence and
we felt should be placed in the Constitution.
DELEGATE JAMES (presiding) : For
what purpose does Delegate Byrnes rise?
DELEGATE BYRNES: A further
question.
DELEGATE JAMES (presiding) : Does
the delegate yield?
DELEGATE WEIDEMEYER: Yes.
DELEGATE BYRNES: Do I understand
this also is in conflict with Maryland rules,
to the extent that it does not permit the
waiver?
DELEGATE WEIDEMEYER: No, this
does not prevent them from waiving. You
can waive a lot of rights that the law says
you are entitled to.
You have right to be tried. You have the
right to be tried by a fair and impartial
jury, but defendants after defendants
waive that right and are tried by the
court. It does not mean that it has to go
on. It means that you have the right to
have it if you want it.
DELEGATE JAMES (presiding) : Dele-
gate Byrnes.
DELEGATE BYRNES: I respectfully
suggest that what it says is that no person
shall be held. This does not say every per-
son shall have the right. May I ask an-
other question?
DELEGATE JAMES (presiding) : Does
the delegate yield?
DELEGATE WEIDEMEYER: Yes.
DELEGATE BYRNES: Would you ob-
ject to the substitution of the word "fel-
ony" for "infamous" if this will bring it
into conformity with the practices in the
State and also, I think, recognize the work
of our Commission on Revision of Criminal
Laws.
DELEGATE JAMES (presiding) : Dele-
Weidemeyer has no authority to change the
Committee Report.
DELEGATE WEIDEMEYER: Our
Committee considered that. We had testi-
mony before us, and considered it, and as
I recall States Attorney Moylan said that
this would work out all right.
DELEGATE JAMES (presiding) : Dele-
gate Marion, do you wish to ask a question?
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