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ing into effect of this article, and to provide for a general system of practice in all the Courts of this State.
(Amendment.) The grand jury may consist of any number of members, not less than five, nor more than fifteen, as the General Assembly may by law provide, or the General Assembly may provide for holding persons to answer for any criminal offense without the interference of a grand jury.)
(The foregoing amendment was adopted at the general election in 1884.)
Care should be taken to distinguish between a grand jury and a petit jury. The grand jury finds an indictment or presentment against a supposed criminal, charging him with the crime and requiring him to appear before the district court and be tried on the indictment. Notice that this amendment provides for abolishing the grand jury. How does this amendment affect Article I., Sec. II, of the Bill of Rights? An indictment is an accusation formally drawn up by a prosecuting officer and laid before the grand jury, with the evidence pointing toward the guilt of the accused. If the members of the jury think the evidence sufficient to warrant a trial, they endorse the paper with the words, “A true bill.” If the evidence is not, in their opinion, sufficient, they endorse the words, “Not a true bill."
In the latter case, the accused is not obliged to undergo a trial, though he may be indicted by another jury later, and so brought to trial. A presentment is an accusation by a jury on their own knowledge, or on evidence before them, and is not based on the suit of the government.
If the jury presents a person, he must be regularly indicted before he can be put on trial. (Hinsdale's “American Government,” $ 551. p. 308.)
Supreme Judges. **Charles Mason, from......... ...1838 to 1847. *Thomas G. Wilson, from..........1838 to 1847. *Joseph Williams, from.. ...1838 to 1855. John F. Kinney, from........... .1847 to 1854. George Greene, from... .1847 to 1855. S. C. Hastings, from ..... .1848 to 1849. Jonathan C. Hall, from..... .1854 to 1855. George G. Wright, from..........1855 to 1870.
William G. Woodward, from ...1855 to 1861. |Norman W. Isbell, from.....
......... 1855 to 1856.
.1889 to 1902.
.1892 to 1898. H. E. Deemer, from ........ ..1894 to 1899. Scott M. Ladd, from........... .1897 to 1903
277. The Petit Jury.The petit jury comprises twelve men, who listen to the evidence for and against the accused, as it is given during the trial, and at the close of the trial decide whether the defendant is guilty or not. In case of a trial for murder, # they also decide whether the punishment shall be death or life imprisonment at hard labor. (Code, $ 4731.)
*Held over from territorial government, see Art. 46. + Resigned office. † Murder in the first degree.
** The following persons are exempt from liability to act as jurors: All persons holding office under the laws of the United States or this State; all practicing attorneys, physicians, registered pharmacists, and clergymen; all acting professors or teachers of any college, school, or other institution of learning, and all persons disabled by bodily infirmity or over sixty-five years of age; active members of any fire company, and any person who is conscientiously opposed to acting as a juror because of his religious faith.” (Laws of Twenty-sixth General Assembly, page 61.) Any person may be excused from jury service when personal interests, or the health of his family require his absence from court.
Lists are annually selected by the judges of the various precincts in every county.
From these lists the members of grand and petit juries are chosen by lot by a committee comprising the county auditor, clerk, and recorder. The number of names on the lists is indicated in the following tables. The number chosen by lot constitute a panel, and the number on each panel is indicated below. A talesman is a person summoned to complete a jury when the regular panel is exhausted by challenges or is otherwise deficient.
JURORS, Number of names in lists of counties of 20,000 or less......
75 Number of names in lists of counties of over 20,000..........
75 Panel in counties of less than 15,000......... 12 Papel in counties of 15,000 or more.. 12 Limit of panel in single county districts... 12 Number of complete jury chosen by lot from the panel.........
Note.--The number on the panel of a petit jury may be increased by the order of the court. Talesmen are always citizens of the town where the court is held, or of the immediately adjacent townships. The names of the jurors are to be drawn twenty days prior to the court session, and the persons chosen are summoned by the sheriff. The jury of a justice's court consists of six men, who are selected and summoned by the constable.
278. Outline. From the above article, fill the following outline of Judicial Department:
Those named in the Constitution,
According to the Constitution,
Frequency of such changes,
Result on term of judges,
How, Sec. 3.
When, Sec. 11.
Length, Sec. 3.
Beginning, Sec. 11.
Provision for change.
Number at present. (See map, p. 249.)
Frequency of change, Amendment, Sec. 10.
Result on term of Judges;
When, Sec. 11;
Now, Sec. 9, notes;
Term of service, Sec. 12;
Limitation as to number,
Provision for abolishing. 279. Militia-Article VI., Section 1. The militia of this State shall be composed of all able-bodied (white) male citizens, between the ages of eighteen and fortyfive years, except such as are or may hereafter be exempt by the laws of the United States, or of this State, and shall be armed, equipped, and trained as the General Assembly may provide by law.
(Amended by striking out the word “white," at the general election in 1868.)
Sec. 2. No person or persons conscientiously scrupulous of bearing arms shall be compelled to do military duty in time of peace; provided, that such person or persons shall pay an equivalent for such exemption in the same manner as other citizens.
All persons who have served in the United States army and have been honorably discharged, are exempt from duty under the military laws of the State, but