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Description: Maryland Jury Law Void - Appeal Will be Taken Probably to State Supreme Court - Grand Jury Had Illiterate Member
Newspaper published in: Washington, DC
Page/Column: Page 5
Maryland Jury Law Void - Appeal Will be Taken Probably to State Supreme Court - Grand Jury Had Illiterate Member
Upper Marlboro, Md., Oct 28. The regular jury term of the Circuit Court for Prince George's County was declared adjourned here this morning.
The plea of abatement which was filed in the case of the State vs. Edward McNEY, Jr., demurred to by the State yesterday, was decided by Judge MERRICK this morning, by sustaining the plea of abatement in every particular. He stated that the grand jury which was sworn in on the first day of the court was not a legally constituted jury, as one of the jurors was not able to read and write, as required by law; and therefore, the indictment was not legal.
He also declared that the law recently passed by the legislature, taking from the sheriff the selection of the names from which to draw the jury and placing the duty in the hands of two jury commissioners, was unconstitutional.
The State's attorney noted exceptions in the ruling of the court, and it is believed that it will be carried to the Court of Appeals.