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The Annotated Code of the Public General Laws of Maryland, 1924
Volume 375, Page 1894   View pdf image (33K)
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1894 ARTICLE 51.

An. Code, sec. 14. 1904, see. 14. 1888, sec. 14. 1797, ch. 87, sec. 9.

14. If the said parties or their counsel, or either of them, shall neglect
or refuse to strike out from the said lists the number of persons directed
in the preceding section, the court may direct the clerk to strike out from
the list of the party so neglecting or refusing the number in said section
directed, and the remaining twelve persons shall be empanelled and sworn
as aforesaid; but this and the preceding section shall not take away the
right of any person to challenge the array or polls of any panel returned
in the manner allowed by the laws of this State.

The privilege of striking distinguished from right to challenge array or polls for
favor or cause. The latter extends to each person accused. Hamlin v. State, 67 Md.
337.

The challenges for cause should be determined before jury is struck under sec. 13.
Object of this section discussed. State v. Glascow, 59 Md. 212.

An. Code, sec. 15. 1904, sec. 15. 1888, sec. 15. 1798, ch. 94.

15. The several courts of this State shall at all times have power to
direct talesmen to be summoned to serve on juries where, without such
talesmen, there would not be twenty of the original panel, exclusive of
the jury charged, from whom a jury can be formed; or may direct such
talesmen to be summoned whenever, by challenging or otherwise, a suffi-
cient number of jurors cannot be had to try the case, either civil or
criminal.

An. Code, sec. 16. 1904, sec. 16. 1888, sec. 16. 1798, ch. 94.

16. If the parties or their counsel agree, the drawing of a panel of
twenty jurors in any cause may be dispensed with.

An. Code, sec. 17. 1904, sec. 17. 1888, sec. 17. 1802, ch. 69. 1809, ch. 138, secs. 13, 14.

17. The provisions of the four preceding sections shall apply to all
criminal cases where the right of peremptory challenge is not allowed, and
the state's attorney for the county or city or the attorney prosecuting for
the State shall strike for the State.

Cited but not construed in Burk v. State, 2 H. & J. 430.

See notes to sec. 13.

An. Code, sec. 18. 1904, sec. 18. 1888, sec. 18. 1789, ch. 22, sec. 5. 1809, ch. 138, sec. 15.

18. Any alien, denizen or foreigner who may be indicted for any
offense 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 the want of foreigners on the panel or
jury that may be returned.

An. Code, sec. 19. 1904, sec. 19. 1888, sec. 19. 1816, ch 45. 1841, ch. 162. 1872, ch. 40.

1912, ch. 846.

19. The right of peremptory challenge shall be allowed to any person
who shall be tried on presentment or indictment for any crime or misde-
meanor, the punishment whereof by law is death or confinement in the
penitentiary, and to the State on the trial of such indictment or present-

 

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The Annotated Code of the Public General Laws of Maryland, 1924
Volume 375, Page 1894   View pdf image (33K)
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