| NOV. 1809.
CHAP. 138. |
LAWS OF MARYLAND.
twenty jurors, without assigning cause; and if any person so indicted
shall peremptorily challenge above the number of twenty persons
of the jury, the court, in such case, shall notwithstanding proceed
to the trial of the person so challenging, as if he or she had
pleaded not guilty, and put himself or herself upon the country,
and render judgment thereon 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 extended
to all cases
wherein a jury is
necessary, except
those in which peremptory
challenges
are allowed.
Provisos. |
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 pannel 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, 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 empannelled 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 empannelled 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 any 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 aforesaid 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.
See a similar provision 1802, ch. 69. |
Foreigners to be
tried by a jury of
the county, in the
same manner as
citizens. |
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 challenge either to the array
or the polls for want of foreigners on the pannel or jury that may
be returned. |
Offenders sentenced
to die, to be
hung. |
16. AND BE IT ENACTED, That in case any offender,
on conviction,
may be sentenced to suffer death, the court before whom such
offender shall be tried and convicted, shall sentence him or her to
suffer death, by hanging by the neck, and may decide upon, ascertain |
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