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the Declaration of Rights, should adopt the statement or

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language similar to the Federal language or approximating

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the Federal language and then permit the judiciary to

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engage upon the usual process of interpretation of this

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language and, at the outset, it may be that the test,

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since it would be modeled after the Federal language,

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would be rather similar to the Federal test of double

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jeopardy and when jeopardy attaches questions of this

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sort; that is the reason you question it.

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THE CHAIRMAN! Yes. The reason is that

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Maryland stands alone in the nation on the issue of

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double jeopardy, where a party is not in jeopardy until

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convicted, wherein the majority of cases they are in

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jeopardy once a jury is impaneled, and whether double

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jeopardy is binding on the states under the Fourteenth

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Amendment is a matter before the Supreme Court now, and

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I wanted to know whether you were speaking of the

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Federal standard that should be incorporated.

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PROFESSOR ROSEN: I think, as a starter, in

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further judiciary procedure, we should be speaking of

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the Federal standard.