JURIES 2217

An. Code, 1924, sec. 17. 1912, 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; Cohen v. State, 173 Md. 223.

See notes to see. 13.

An. Code, 1924, sec. 18. 1912, 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, 1924, sec. 19. 1912, see. 19. 1904, sec. 19. 1888, sec. 19. 1816, ch. 45.
1841, ch. 162. 1872, ch. 40. 1912, ch. 846. 1927, ch. 347.

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-
ment; but the accused shall not challenge more than twenty nor the State
more than ten jurors for each accused person then being on trial, whether
by joint indictment or separate indictments, without assigning cause.

After a juryman has been accepted by prisoner, the state not having exhausted its
peremptory challenges and having no reason to challenge for cause, may challenge
under this section. Right to peremptory challenge may be exercised until jury has been
sworn. A challenge once exercised cannot be recalled. Rogers v. State, 89 Md. 425. See
also Turpin v. State, 55 Md. 464.

Right of peremptory challenge is essential and is highly esteemed. History of this
section traced. Order in which challenges shall be made, and who is to challenge first,
are left to discretion of trial court. Turpin v. State, 55 Md. 464.

The benefits of this section extend to each accused person. Hamlin v. State, 67
Md. 336.

Where the challenges exhaust venire trial court may summons just enough additional
jurors to fill vacancies on panel. Burk v. State, 2 H. & J. 426.

Cited but not construed in Cohen v. State, 173 Md. 234.

As to right of peremptory challenge in election cases, see art. 33, sec. 166.

An. Code, 1924, sec. 20. 1912, sec. 20. 1904, sec. 20. 1888, sec. 20. 1816, ch. 193, sec. 9.

1854, ch. 28. 1865, ch. 78. 1878, ch. 108. 1880, ch. 441. 1882, ch. 454.

1900, ch. 333. 1914, ch. 709.

20. Jurors shall receive three dollars per day for each and every day
they shall attend the several courts of this State as jurors and fifteen cents
for each mile over five miles for going to and returning from the court,
once in each term, to be paid by the counties, respectively, in which courts
are held. This section shall not apply to the City of Baltimore, nor to
Calvert, Charles nor Garrett, nor any other counties for which special
local laws exist.

An. Code, 1924, sec. 21. 1912, sec. 21. 1904, sec. 21. 1888, sec. 21. 1832, ch. 121, sec. 1.

21. In all cases of forcible entry and detainer which jurors shall be
summoned to try, each juror shall be entitled to the sum of one dollar
for his services per day, to be taxed in the costs by the justices; and any