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Volume 664, Page 52   View pdf image (33K)
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CONSTITUTIONAL CONVENTION OF MARYLAND

CONSTITUTION OF 1867

PROPOSED CONSTITUTION OF 1968

such degrees as now are, or may hereafter


be prescribed by Law, or where he shall


have been of counsel in the case.


Sec. 8. The parties to any cause may

Section 1.08. Removal of Criminal Cases.

submit the same to the Court for deter-
mination without the aid of a jury, and

In a case involving a crime punishable by
death or life imprisonment, after suggestion

in all suits or actions, at law issues from

in writing under oath by either party that

the Orphans' Court, or from any court sit-

the party cannot have a fair and impartial

ting in equity and in all cases of Present-

trial in the county where the case is pending,

ments or indictments for offences, which

the court shall order the case removed to an-

are or may be punishable by death, pend-

other county for trial. Other criminal cases

ing in any of the courts of law in this
State having jurisdiction thereof upon sug-

may be removed only as permitted by the
Court of Appeals by rule or by the General

gestion in writing under oath of either of

Assembly by law.

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 having


jurisdiction in such case for trial, but in


all other cases of presentment or indictment,


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 thera, 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-


ceedings in such suit, or action, issue, pre-


sentment or indictment may be so trans-


mitted shall hear and determine the same


in like manner as if such suit or action,


issue, presentment or indictment had been


originally instituted therein, and the Gen-


eral Assembly shall make such modification


of existing law as may be necessary to


regulate and give force to this provision.


Sec. 9. The Judge, et Judges of any

Section 5.31. Administration of judicial Sys-

Court, may appoint such officers for their

tem.

respective Courts as may be found necessary;

The chief judge of the Court of Appeals

and such officers of the Courts in the City of

shall be the administrative head of the judi-

52


 

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