State v. Keating

Citations

• 85 Md. 188
• 36 A. 840
• 1897 Md. LEXIS 39

Syllabus

<p>Grand Jury — Selection and Drawing — Adoption by One Judge of List of Names Made by Another Judge of the Same Court — Time of Selecting the Names — Irregularities in Drawing.</p> <p>In making up the list of names from which a grand jury is to be drawn one Judge of a Circuit Court is authorized to confer with and accept suggestions from another Judge of the same Court, and he may also make use of the names upon a list prepared either by himself or another Judge of the same circuit for a previous drawing but not drawn out.</p> <p>The list of names from which a grand jury is to be selected may be made out by the Judge before the time of actually drawing the jury because he does not technically select the names until the jury is drawn in open Court, at which time objections may be made. The Judge must see that the names selected are either on the tax lists or poll-books, but he is not required to do this at the drawing.</p> <p>The ballots containing the names to be placed in the box may be prepared before the time of drawing, provided they are folded by the Judge, or in his presence, and placed in the box by him.</p> <p>Code, Art. 51, secs. 7 and 8, provides that the Judges of the Circuit Courts, after notice, &c., and in the presence of the members of the bar, &&, shall select from the list of taxable inhabitants or from the poll-books a panel consisting of 150 names, and shall cause the names selected to be written upon ballots and folded, and these shall be placed by the Judges in the box, &c. The Judge of one of the circuits, before selecting the grand jury for the May term, 1896, received a list of the male taxable inhabitants of the county, also the list of 150 names from which a deceased Judge of the circuit, who was this Judge’s predecessor in office, had drawn the jury for the November term, 1895, of that Court; also the list of 150 names prepared by that Judge for the May term, 1896, the latter including 102 names which were on the list for November term, b