2210 ARTICLE 51

apply to Baltimore County. Special local laws exist for Caroline, Somerset,
Worcester, Anne Arundel, St. Mary's, Queen Anne's and Talbot Counties.

The fact that panel from which petit jury had been drawn for trial of negro for
murder had been held defective, did not affect validity of subsequent panel which
included many names in defective panel, since the persons included in both panels
possessed necessary qualifications; white juror not disqualified to sit in case against
negro because he does not believe in social equality of the two races. Lee v. State,
164 Md. 550.

In light of secs. 4 and 7, and since list provided for in this section is a list of male
taxable inhabitants or residents of the county only, poll books are given as an alternative
or additional source from which jurors may be obtained. A list in possession of a
judge held to be the kind of list set out in this section as a proper source from which
names are to be selected. Hollars v. State, 125 Md. 373.

Only a substantial compliance with the law relative to drawing of jurors is required,
although such law is mandatory. A non-jury term is a "regular term" and a con-
gressional and presidential election is a "general election," within the meaning of this
section. Where the names are taken from a list which is identical with one provided
by law, the jury is not invalidated. Downs v. State, 78 Md. 130.

An objection to qualification of grand jurors or to the mode of summoning or im-
panelling them, must be made by motion to quash or plea in abatement. Although
there may be technical objections to latter, proceedings will not be set aside unless
they have prejudiced accused. Pontier v. State, 107 Md. 387.

As to necessity that 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; Hollars v.
State, 125 Md. 373.

Duty imposed on clerk of commissioners to make out list of male taxables not
known to be under 25, is directory only. Green v. State, 59 Md. 124.

Selection of jurors is not essentially a judicial function, and hence an act is con-
stitutional which authorizes Governor to appoint a jury commission. State v. McNay,
100 Md. 626.

For a case apparently now inapplicable to this section, by reason of changes in the
law, see Cooper v. State, 64 Md. 45.

Cited but not construed in State v. Denton, 74 Md. 520.

See notes to sec. 11.

An. Code, 1924, sec. 7. 1912, sec. 7. 1904, sec. 7. 1888, sec. 7. 1867, ch. 329. 1868, ch. 316.

1870, ch. 96. 1870, ch. 220. 1870, ch. 331. 1876, ch. 353. 1878, ch. 369. 1888, ch. 432.

1890, ch. 28. 1890, ch. 627. 1892, ch. 182. 1896, ch. 329. 1900, chs.

121, 374, 451, 618. 1902, ch. 105. 1904, ch. 184.

7. It shall be the duty of the judges of the circuit courts for each of
the counties, not less than fifteen days before the commencement of each
term of the court at which jurors are required to attend, in the presence
of such practising members of the bar of said court as shall think proper
to attend, notice of the time and place having been first given to said bar
through the criers of said courts, to proceed to select from the lists last fur-
nished by the clerks of the county commissioners provided for in the pre-
ceding section and from the poll-books of the several election districts of
said counties that shall be returned and filed in the clerk's office of said
courts after any general election that may be last held previously to such
selection, a panel to consist of the names, of two hundred persons in the
several counties of Baltimore, Washington, Montgomery, Carroll, Fred-
erick, Prince George's, Harford, Cecil, Dorchester and Wicomico, and of
one hundred and fifty persons in the several counties of Charles, Calvert,
Kent and Talbot, to be fairly and impartially selected of the age aforesaid
by the said judges, with special reference to the intelligence, sobriety and
integrity of such persons and without the least reference to their political
opinions; and of the names of such persons when so selected, a list shall be
made and a certificate thereto appended by the said judges that the said
list of names has been duly selected in conformity with and according to
the spirit and intent of this article, and which said lists and certificates shall
be filed with the clerks of the said courts and by them preserved as other
proceedings of the said courts are kept. Modified as to Howard, Garrett,