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The Annotated Code of the Public Civil Laws of Maryland, 1911
Volume 372, Page 1276   View pdf image (33K)
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1276 JURIES. [ART. 51

pared with the local law applicable to Prince George's county. State v.
Vincent. 91 Md. 724-726. Cf. State v. McNay, 100 Md. 630.

A discrepancy in the middle name of a juror as drawn from the box and
as sworn on the panel, there being no mistake as to the Identity of the person,
is no ground for an arrest of judgment. Munshower v. State. 56 Md. 516.

This section expressly recognizes the power of the court to excuse Jurors
for cause and to select others in their place. Such power has existed from
the adoption of the first law regulating the selection of juries; it should,
however, only be exercised in pursuance of a sound discretion. A plea in
abatement held demurable. Mills v. State, 76 Md. 280.

For a discussion of when the law regulating the drawing of jurors is
directory, and when mandatory, see State v. McNay 100 Md. 631; State v.
Glascow, 59 Md. 212.

See notes to sec. 11.

1904, art. 51, sec. 11. 1888. art. 51, sec. 11. 1867, ch. 329. sec. 6.
1870, ch. 410, sec. 6. 1904, ch. 144.

11. The name of no person disqualified or exempted by existing
law from serving as a juror, or whom by existing law the sheriff is
forbidden to summon as such, shall be selected and placed upon the
panel or list from which the drawing is to be made as directed by this
article; nor shall any persoli be drawn and summoned to two successive
terms of court; but the selection or drawing of any person disqualified
as a juror under this article shall not invalidate the drawing or selec-
tion, but such error may be corrected by drawing another person from
the box in place of the person improperly selected or drawn; and the
said court shall have full power and authority to coerce the attendance
of jurors drawn and summoned under this article and to punish by
fine or imprisonment or both for any default or contempt committed in
disregarding such summons.

An objection to the qualification of grand jurors, or to the mode of sum-
moning or impanelling them, must be made by motion to quash or plea
in abatement. Although there may be technical objections to the latter, the
proceedings will not be set aside unless they have prejudiced the accused.
Pontier v. State, 107 Md. 388.

As to the necessity that the accused shall have been prejudiced, see also
State v. Keating. 85 Md. 198; Mills v. State, 76 Md. 281; State v. Glascow,
59 Md. 211.

The disqualification arising from the fact that a person's name was
recommended or suggested to the sheriff, still prevails. Avlrett v. State.
76 Md. 537.

See notes to sections 1. 3, 6 and 7.

Ibid. sec. 12. 1888, art. 51, sec. 12. 1867. ch. 329, sec. 7.

12. Before the drawing of any new panel of jurors from the tax
lists and poll books as provided in sections 7 and 8. it shall be the duty
of the said courts to have the box in which the names of jurors have
been deposited emptied of any and all the ballots therein remaining.

Ibid. sec. 13. 1888. art. 51. sec. 13. 1860, art. 50. sec. 9. 1797. ch. 87, sec. 9.

13. In all civil cases called for trial in any court in which a jury
shall be necessary, according to the constitution and laws of this State,
twenty persons from the panel of petit jurors shall be drawn by ballot
by the clerk under the direction of the court, and the names of the
twenty persons shall be written upon two lists, and one of said lists

 

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The Annotated Code of the Public Civil Laws of Maryland, 1911
Volume 372, Page 1276   View pdf image (33K)
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