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THE CHAIRMAN : Very well.
The amendment now is strike from line
45 the words "capital or other infamous
crime." Is that correct, Delegate Marion?
DELEGATE MARION: Yes, sir.
THE CHAIRMAN: And to insert in
lieu thereof the word "felony." Is that cor-
rect, Delegate Marion?
DELEGATE MARION: Yes.
THE CHAIRMAN: The effect of Amend-
ment No. 18 as thus modified, there being
no objection would be that section 11 would
read: "No person shall be held to answer
for a felony unless on indictment of a
grand jury, except in cases arising in the
militia while in actual service."
Are you ready for the question?
(Call for the question.)
The question arises on the adoption of
Amendment No. 18 to Committee Recom-
mendation R&P-2.
A vote Aye is a vote in favor of Amend-
ment No. 18. A vote No is a vote against.
Cast your votes.
Has every delegate voted?
Does any delegate desire to change his
vote?
(There was no response.)
There being 102 votes in the affirmative
and 2 in the negative, the motion carries.
The amendment is adopted.
Delegate Byrnes, do you still desire to
offer your amendment, in light of the action
just taken?
DELEGATE BYRNES: No, sir.
THE CHAIRMAN: Thank you.
Are there any further amendments to
section 11 as amended?
Delegate Macdonald.
DELEGATE MACDONALD: Mr. Chair-
man, I have a short amendment to section 7.
You may recall that we held this over.
THE CHAIRMAN: The Chair would
prefer to go right through and then come
back. There are a number of other sections
that we have to pick up.
The next section is section 12. There are
a number of amendment to section 12.
Delegate Kiefer.
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DELEGATE KIEFER: Mr. Chairman,
in an effort to s£eed this thing up, we
have worked out an Amendment AN, which
I believe has been submitted to the various
authors of the other amendments, and I
believe this is acceptable to all people. As
far as I know, even Delegate Scanlan is not
going to oppose this.
THE CHAIRMAN: Does that mean that
Amendment AN is offered and Delegate
Macdonald would not offer his Amendment
B, that Delegate Child would not offer his
Amendment C, and that Delegate Scanlan
would not offer his Amendment T?
Is that correct, Delegate Scanlan, Dele-
gate Child, Delegate Macdonald?
DELEGATE CHILD: Yes.
DELEGATE MACDONALD: That is
correct.
DELEGATE SCANLAN: Yes.
THE CHAIRMAN: Real progress.
The pages will please distribute Amend-
ment AN. This will be Amendment No. 19.
The Clerk will read the amendment.
READING CLERK: Amendment No. 19
to Committee Recommendation R&P-2, by
Delegates Kiefer and Willoner.
On page 4, section 12, Right of Removal
of Criminal Cases, strike out all of lines
4 through 8, inclusive, and insert in lieu
thereof the following:
In cases punishable by death or life im-
prisonment after suggestion under oath in
writing of either of the parties that such
party cannot have a fair and impartial
trial in the court where the case may be
pending, that court shall order the case
removed to another county for trial. All
other criminal cases may be removed only
as permitted by the Court of Appeals by
rule or the General Assembly by law."
THE CHAIRMAN: The amendment has
been submitted by Delegate Kiefer. It is
seconded by Delegate Willoner.
The Chair recognizes Delegate Kiefer to
speak to the amendment.
Delegate Kiefer.
DELEGATE KIEFER: Mr. Chairman,
in an effort to speed things up, I was
working on the next one, but this is an
amendment which will provide for a right
of removal in criminal cases where capital
offenses or life imprisonment are involved
as a matter of right. It is the practice now.
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