JURIES 2215

manner provided by section 8 of this article. This section is modified as
to Prince George's County and Talbot County.

The grand jury is not a judicial, but an accusing, body, permitted to act upon
knowledge obtained by its members from any source; the fact that nine grand jurors
were depositors in the bank and embittered against the defendant, the foreman having
publicly declared this hostility, does not invalidate indictment. Coblentz v. State,
164 Md. 570.

Indictment found by a number of grand jurors less than minimum provided by
law, is invalid unless defect is waived by pleading to merits. Where defect appears
on face of indictment it will be quashed upon demurrer; otherwise defect should be
raised by plea in abatement. This section extends to Prince George's County only
so far as to authorize appointment of substitute foreman. This section compared with
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 middle name of a juror as drawn from the box and as sworn on
panel, there being no mistake as to identity of the person, is no ground for arrest of
judgment. Munshower v. State, 56 Md. 516.

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

For discussion of when law regulating 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.

An. Code, 1924, sec. 11. 1912, sec. 11. 1904, sec. 11. 1888, 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 person 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 selection, 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.

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

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.

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

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

An. Code, 1924, sec. 12. 1912, sec. 12. 1904, sec. 12. 1888, 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 de-
posited emptied of any and all the ballots therein remaining.

An. Code, 1924, sec. 13. 1912, sec. 13. 1904, sec. 13. 1888, sec. 13. 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