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or rendered incompetent to give evidence in any court of law or equity, in consequence of his opinions on the subject of religion; and any party to any judicial proceeding shall have the right to use as a witness, or take the testimony of any other person not disqualified on account of interest, who may be cognizant of any fact material to the case ; and parties to suits may be witnesses, as provided by law.

Will the fact that a man is an infidel disqualify him for the position of district judge? May a man be refused the privilege of voting on the ground of being an atheist ? May a man be refused as a witness in court because he is known to be openly opposed to religion ?

178. The Penalty for Dueling.-Sec. 5. Any citizen of this State who may hereafter be engaged, either directly or indirectly, in a duel, either as principal or accessory before the fact, shall forever be disqualified from holding any office under the Constitution and laws of this State.

An accessory before the fact is one who commands or counsels an offense, not being present at its commission. An accessory after the fact is one who, after an offense, assists or shelters the offender, not being present at the commission of the offense. (International Dictionary.)

179. Uniform Action of Laws.-Sec. 6. All laws of a general nature shall have a uniform operation; the General Assembly shall not grant to any citizen, or class of citizens, privileges or immunities which, upon the same terms, shall not equally belong to all citizens.

This is to prevent partiality toward individuals or corporations.

180. Freedom of Speech and Press. -Sec. 7. Every person may speak, write, and publish his senti. ments on all subjects, being responsible for the abuse of

that right. No law shall be passed to restrain or abridge the liberty of speech, or of the press. In all prosecutions or indictments for libel, the truth may be given in evidence to the jury; and if it appear to the jury that the matter charged as libelous was true, and was published with good motives and for justifiable ends, the party shall be acquitted.

Does this provision leave any safeguard against the abuse of freedom of speech? In cases of libel, what consideration is paid to the motives of the accused? What is the difference between slander and libel ?

181, Security from Arrest and Search,Sec. 8. The right of the people to be secure in their persons, houses, papers, and effects against unreasonable seizures and searches shall not be violated; and no warrant shall issue but on probable cause, supported by oath or affirmation, particularly describing the place to be searched and the persons and things to be seized.

If there is good reason to believe that a specified article has been stolen and is now concealed in a certain house, no one may enter and make search for the article without securing a search warrant from some justice of the peace or other magistrate. According to the above section, what will the justice require one to swear to before he gives him the warrant ? Generally speaking, a man may not be arrested without a warrant; but there are many exceptions to this, for an officer or even a private citizen may arrest, without a warrant, any party who is caught in the act; or, when the probability of guilt is great, the formality of the warrant is sometimes ignored by the officer making the arrest. May an officer insist on searching any house because there is reason to suspect that something is concealed therein, though the warrant does not specify for what the search is to be made ?

182. Trial by Jury.-Sec. 9. The right of trial by jury shall remain inviolate; but the General Assembly may authorize trial by a jury of a less number than twelve men in inferior courts; but no person shall be deprived of life, liberty, or property, without due process of law.

If a person is tried by a jury of eleven men without his specific consent to the irregularity in number, the trial is illegal and he is entitled to another trial. (Code, p. 64.) The General Assembly has authorized a jury of six in a justice court (277).

183. Rights of the Accused.-Sec. 10. In all criminal prosecutions, and in cases involving the life or liberty of an individual, the accused shall have a right to a speedy and public trial by an impartial jury; to be informed of the accusation against him; to have a copy of the same when demanded; to be confronted with the witnesses against him; to have compulsory process for his witnesses, and to have the assistance of counsel.

Prepare a topical recitation on The Rights of the Accused:

1. The kind of trial.
2. The jury.
3. The accusation.
4. Witnesses for and against the accused.

5. Counsel. An impartial jury is secured by the privilege given both to the accused and the accuser, of challenging or objecting to any jurors who may be considered prejudiced. Challenges are of two kinds:

1. Peremptory.

2. For cause. Peremptory challenges are made without giving any reason. Challenges for cause specify why objection is made. The number of peremptory challenges is limited; the causes for which a juror may be chal

lenged are designated in the Code. (Code, $ 3688.) If the accused has not the means to pay for counsel, the State must furnish it.

184. Indictment by the Grand Jury.--Sec. 11. All offenses less than felony, and in which the punishment does not exceed a fine of one hundred dollars, or imprisonment for thirty days, shall be tried summarily before a Justice of the Peace, or other officer authorized by law, on information under oath, without indictment, or the intervention of a grand jury, saving to the defendant the right of appeal; and no person shall be held to answer for any higher criminal offense, unless on presentment or indictment by a grand jury, except in cases arising in the army, or navy, or in the militia, when in actual service, in time of war or public danger. Public offenses are divided into

1. Felonies.

2. Misdemeanors. A felony is a public offense which may be punished by imprisonment in the penitentiary. All public offenses calling for less severe punishment than felonies are misdemeanors. (Code, $8 5092-5094.) The word crime is used loosely and may stand for a felony or a misdemeanor. An indictment is a formal accusation by a grand jury, who examine the evidence presented, and by their action determine whether the evidence is sufficient to warrant the trial of the accused by the district court. An indictment is not necessary in cases that may be tried, as above stated, by a justice of the peace, but an appeal is allowed from the decision of the justice in all criminal cases, and in all civil cases involving over twenty-five dollars. Notice that cases in the army, navy, or the militia when in actual service, are tried by court-martial, and do not

require indictment by the grand jury. In time of war or public danger, the indictment is not always required, because public safety may demand summary action, and private rights must temporarily yield to the public good.

185. Second Trial.-Bail Sec. 12. No person shall, after acquittal, be tried for the same offense. All persons shall, before conviction, be bailable, by sufficient sureties, except for capital offenses, where the proof is evident or the presumption great.

There are some apparent exceptions to the first part of this section, as where fraud has been discovered in the trial.

186. Habeas Corpus.— Sec. 13. The writ of habeas corpus shall not be suspended or refused when application is made as required by law, unless in case of rebellion or invasion the public safety may require it.

Formerly it was common in England to arrest, without real cause, parties who were for any reason obnoxious to the king, and to imprison them indefinitely in the Tower of London. The same custom prevailed in France; and the Bastile was often filled with prisoners, many of whom had committed no crime, but were incarcerated for personal or political reasons. Charles Dickens, in his great historical novel, “A Tale of Two Cities," has described the liberation of such a man, a physician, who had been in solitary confinement for eighteen years.

187. Definition and Illustration.—The writ of habeas corpus is a paper which any one who is imprisoned without cause may have served upon his jailer, requiring that person to bring the prisoner

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