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Volume 664, Page 122   View pdf image (33K)
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CONSTITUTIONAL CONVENTION OF MARYLAND

PROPOSED CONSTITUTION OF 1968

CONSTITUTION OF 1867

speedy and public trial by an impartial jury

and to a speedy trial by an impartial jury,

of twelve without whose unanimous consent

without whose unanimous consent he ought

he shall not be adjudged guilty.

not to be found guilty.


Art. 23. That no man ought to be taken


or imprisoned or disseized of his freehold,


liberties or privileges, or outlawed, or


exiled, or, in any manner, destroyed, or


deprived of his life, liberty or property,


but by the judgment of his peers, or by the


Law of the Land.


Art. XV, sec. 5. In the trial of all


criminal cases, the Jury shall be the Judges


of the Law, as well as of fact, except that


the Court may pass upon the sufficiency


of the evidence to sustain a conviction.

Section 1.08. Removal of Criminal Gases.

Art, IV, sec. 8. The parties to any

In a case involving a crime punishable by

cause may submit the same to the Court

death or life imprisonment, after suggestion

for determination without the aid of a jury,

in writing under oath by either party that

and in all suits or actions, at law issues

the party cannot have a fair and impartial

from the Orphans' Court, or from any court

trial in the county where the case is pending,

sitting in equity and in all cases of Present-

the court shall order the case removed to an-

ments or indictments for offences, which

other county for trial. Other criminal cases
may be removed only as permitted by the

are or may be punishable by death, pend-
ing in any of the courts of law in this

Court of Appeals by rule or by the General

State having jurisdiction thereof upon sug-

Assembly by law.

gestion in writing under oath of either of


the parties to said proceedings that such


party cannot have a fair and impartial


trial in the court in which the same may


be pending, the said court shall order and


direct the record of proceedings in such suit


or action, issue presentment, or indictment,


to be transmitted to some other court hav-


ing jurisdiction in such case for trial, but


in all other cases of presentment or indict-


ment, pending in any of the Courts of law


in this State having jurisdiction thereof, in


addition to the suggestion in writing of


either of the parties to such presentment


or indictment that such party cannot have


a fair and impartial trial in the court in


which the same may be pending, it shall


be necessary for the party making such


suggestion to make it satisfactorily appear


to the Court that such suggestion is true,


or that there is reasonable ground for the


same, and thereupon the said court shall


order and direct the record of proceedings


in such presentment or indictment to be


transmitted to some other Court having


jurisdiction in such cases for trial and such


right of removal shall exist upon suggestion


in cases where all the Judges of said Court


may be disqualified under the provisions


of this Constitution to sit in any such case


and said Court to which the record of pro-

122


 

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