584

LAWS OF MARYLAND.— 1809.

case, shall notwithstanding proceed to the trial of the person so
challenging, as if he or she had pleaded riot guilty, and put
himself or herself upon the country, and render judgment there-
on accordingly.
By 1816, ch. 45, in every case of felony the right to challenge to be the
same as before this act.

The benefit
of struck
juries ex-
tended to
all cases
wherein a
jury is
necessary,
except
those in
which pe-
remptory
challenges
are allowed

(*direction}

SEC. 14. And be it enacted, That in all criminal causes that
may be brought to trial in the several courts of this state, in
which a jury shall be necessary according to the constitution
and the laws, except in the cases herein before mentioned
wherein peremptory challenges are allowed, twenty persons
from the panel of petit jurors shall be drawn, by ballot, by the
clerk, under the discretion* of the respective courts, and the
names of the twenty persons shall be written upon two lists,
i and one of said lists shall be forthwith delivered to the party
> indicted, or his or her counsel, and the other to the attorney
prosecuting in behalf of the state, and it shall and may be
lawful for the party indicted, or his or her counsel, and for
the attorney prosecuting in behalf of the state, to strike out
four persons from each respective list, and the remaining
twelve persons shall thereupon be immediately ernpannelled
and sworn as the petit jury in such prosecution ; and if the
party indicted, or his or her counsel, or the attorney prose-
cuting in behalf of the state, shall decline or refuse to strike
out from such respective lists the number of persons hereby
allowed, it shall and may be lawful for the several courts
aforesaid to direct their clerks to strike out from the list of
the party or the attorney so declining or refusing, the num-
ber of persons herein before mentioned, and the remaining
twelve persons shall be empannelled and sworn as aforesaid ;

Provisos.

Provided nevertheless, that nothing herein contained shall be
deemed or construed to take away the right of any person or
persons to challenge the array or polls of any panel returned, or
any particular juror, for just cause, in the manner always
allowed by the law of this state ; And provided also, that by
mutual consent the drawing of a panel of twenty jurors may
be dispensed with in any prosecution, and the trial thereof may
be had by a petit jury drawn as heretofore ; and if by reason of
lawful challenges, or the absence of jurors, the number of
twenty shall not remain to be drawn, the several courts afore-
said shall direct so many of the bystanders to be summoned by
the respective sheriffs as shall be necessary to complete the lists
herein before directed to be written and delivered as aforesaid.

Foreigners
to be tried
by a jury of
the county,

SEC. 15. And be it enacted, That any alien, denizen or
foreigner, who may be indicted for any offence committed
within this state, shall be tried by a jury of The county, in the
same manner as the citizens thereof, and there shall be no dial-