| 1802.
CHAP. 69.
Passed Jan. 8, 1803. |
LAWS OF MARYLAND.
CHAP. LXIX.
An Act for extending the Benefit of Struck Juries to Criminal Cases.
Lib. JG. No. 4, fol. 276. |
Preamble.
* See 1797, ch. 87. |
WHEREAS it is just and reasonable that in criminal
prosecutions,
wherein the liberty and reputation of individuals are principally
concerned, the same advantage of exception to particular jurors on
the pannels should be allowed as is now usefully experienced in civil
cases; * therefore, |
In criminal cases
twenty persons to
be drawn.
Provisos. |
2. BE IT ENACTED, by the General Assembly
of Maryland, That
in all criminal causes to 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 prosecutions for capital felonies
or treasons, wherein the right of peremptory challenges is already allowed,)
twenty persons from the pannel of petit jurors shall be drawn,
by ballot, by the clerks, under the direction of the respective courts,
and the names of the twenty persons shall be written upon two lists,
and one of the 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, to strike out four persons from each
respective list, and the remaining twelve persons shall thereupon
be immediately impannelled and sworn as the petit jury in such prosecution;
and if the party indicted, or his or her counsel, or the attorney
prosecuting 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 number of persons herein before mentioned,
and the remaining twelve persons shall be impannelled and
sworn as aforesaid; 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 pannel 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 pannel of twenty jurors may be
dispensed with in 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 persons shall
not remain to be drawn, the several courts aforesaid shall direct so
many of the by-standers 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.
See a similar provision November, 1809, ch. 138, s. 14. |
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|
Passed Jan. 8, 1803. |
CHAP. LXX.
An Act to provide for the Elections of Representatives of this State
in
the Congress of the United States, and of Electors on
the part of
this State for choosing a President and Vice-President
of the United
States. Lib. JG. No. 4, fol. 277.
A Supplement, ch. 103.
This act was repealed by 1805, ch. 97. |
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