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PROPOSED CONSTITUTION OF 1968
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CONSTITUTION OF 1867
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speedy and public trial by an impartial jury
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and to a speedy trial by an impartial jury,
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of twelve without whose unanimous consent
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without whose unanimous consent he ought
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he shall not be adjudged guilty.
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not to be found guilty.
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Art. 23. That no man ought to be taken
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or imprisoned or disseized of his freehold,
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liberties or privileges, or outlawed, or
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exiled, or, in any manner, destroyed, or
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deprived of his life, liberty or property,
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but by the judgment of his peers, or by the
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Law of the Land.
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Art. XV, sec. 5. In the trial of all
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criminal cases, the Jury shall be the Judges
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of the Law, as well as of fact, except that
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the Court may pass upon the sufficiency
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of the evidence to sustain a conviction.
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Section 1.08. Removal of Criminal Gases.
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Art, IV, sec. 8. The parties to any
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In a case involving a crime punishable by
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cause may submit the same to the Court
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death or life imprisonment, after suggestion
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for determination without the aid of a jury,
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in writing under oath by either party that
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and in all suits or actions, at law issues
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the party cannot have a fair and impartial
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from the Orphans' Court, or from any court
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trial in the county where the case is pending,
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sitting in equity and in all cases of Present-
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the court shall order the case removed to an-
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ments or indictments for offences, which
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other county for trial. Other criminal cases
may be removed only as permitted by the
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are or may be punishable by death, pend-
ing in any of the courts of law in this
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Court of Appeals by rule or by the General
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State having jurisdiction thereof upon sug-
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Assembly by law.
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gestion in writing under oath of either of
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the parties to said proceedings that such
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party cannot have a fair and impartial
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trial in the court in which the same may
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be pending, the said court shall order and
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direct the record of proceedings in such suit
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or action, issue presentment, or indictment,
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to be transmitted to some other court hav-
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ing jurisdiction in such case for trial, but
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in all other cases of presentment or indict-
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ment, pending in any of the Courts of law
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in this State having jurisdiction thereof, in
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addition to the suggestion in writing of
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either of the parties to such presentment
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or indictment that such party cannot have
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a fair and impartial trial in the court in
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which the same may be pending, it shall
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be necessary for the party making such
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suggestion to make it satisfactorily appear
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to the Court that such suggestion is true,
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or that there is reasonable ground for the
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same, and thereupon the said court shall
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order and direct the record of proceedings
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in such presentment or indictment to be
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transmitted to some other Court having
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jurisdiction in such cases for trial and such
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right of removal shall exist upon suggestion
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in cases where all the Judges of said Court
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may be disqualified under the provisions
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of this Constitution to sit in any such case
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and said Court to which the record of pro-
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