MARVIN MANDEL, Governor                                      279

Subsection (b) presently appears as Art. 51,
§10(f). It appears here because it deals
with records.

The last sentence of Art. 51, §10(f) has been
placed with the other penalty provision in
§8-401(d).

The only other changes made are in style.
SUBTITLE 3. PETIT JURIES.
SEC. 8-301. PEREMPTORY CHALLENGES; NUMBER.

(A)    CASES INVOLVING DEATH, LIFE IMPRISONMENT, OR
20 YEARS OR MORE.

IN A TRIAL IN WHICH THE DEFENDANT IS SUBJECT, ON
ANY SINGLE COUNT, TO A SENTENCE OF DEATH, LIFE
IMPRISONMENT, OR 20 YEARS OR MORE OF IMPRISONMENT,
EXCEPT FOR COMMON LAW OFFENSES FOR WHICH NO SPECIFIC
PENALTY IS PROVIDED BY STATUTE, EACH DEFENDANT IS
PERMITTED 20 PEREMPTORY CHALLENGES AND THE STATE IS
PERMITTED TEN PEREMPTORY CHALLENGES FOR EACH
DEFENDANT.

(B)   ALL OTHER CASES.

IN ALL OTHER CASES, EACH PARTY IS PERMITTED FOUR
PEREMPTORY CHALLENGES; ALL DEFENDANTS ARE CONSIDERED A
SINGLE PARTY FOR THIS PURPOSE.

(1) IF IT APPEARS THAT THE TRIAL INVOLVES
TWO OR MORE DEFENDANTS HAVING ADVERSE OR HOSTILE
INTEREST, THE COURT MAY ALLOW ADDITIONAL PEREMPTORY
CHALLENGES;

(2) NO DEFENDANT SHALL BE ALLOWED MORE THAN
FOUR PEREMPTORY CHALLENGES.

(C)   CLERK TO FURNISH SUFFICIENT NUMBER OF NAMES.

THE CLERK OF THE COURT SHALL PROVIDE A SUFFICIENT
NUMBER OF PROSPECTIVE JURORS TO ALLOW THE PARTIES TO
EXERCISE THE PEREMPTORY CHALLENGES PERMITTED BY THIS
SECTION OR RULE 746.

REVISOR'S NOTE: This section supersedes Art. 51,
§15. Sec. 8—301 is new language derived from
Rule 746. There is no intention to impliedly
supersede Rule 746.