The times. [volume] (Richmond, Va.) 1890-1903, 1893-09-07
CRIMINAL PROCEDURE
IT WILL BE MODIFIED BIZ
CONSTITUTIONAL AMENDMENT.
Agreed Upon Once, IL VIII Go TO the S'N
Session Of the Legislature TOT
, Concurrence.

| Among the duties already laid out
which win have 10 be performed ey 'he
Legislature during the next session VIII
be the consideration of joint resolution
agreed to by the two branches OF the zen
eraI Assembly during its last session. Inc
resolution proposes an amendment 10
the tenth clause Of article l OF the con-
stitution OF Virginia and was appro'eu
by Governor Mckinney on February isth'
1892.
The Joint resolution was offered during
the last session Of the Legislature III c0h-
sequence Of the decision OF the Soe,t VI
| Appeals In what is known as the MlIlei
case. which held that In all capl.di an an
criminal prosecutions the accused Sn"Ii
! have the right TO be tried by JURY
merly minor offenses were finally as
posed OF by the police justice OF niHs, n.
trate without reference to a higher tVuiN'
but this recent decision gives eacn az
cused the privilege to appeal to the hlsilei
court, thereby largely increasing tne ca
penses OF the Commonwealth
II Joint resolution which lntehus -
modify the Constitution and reduce ll,e
expenses on the part of the state re'uS
as follows:
1. Resolved by the Senate and House OF
Delegates Ga majority OF the members
! elected to each Of the two houses agreeing
thereto), That the following amendment
to the Constitution Of Virginia be. ana
| is hereby proposed, and Is hereby referred
| 10 the General Assembly to be CHOSEN
at the next general election OF senator's
| and members Of the House Of Delegates
for its concurrence I'm conformity WIN
| the provisions OF Sec. 1 Of Art. II OF sald
| Constitution, viz: Strike out from Inc
| Constitution Of Virginia the tenth clause
| Of Art. /, which Is I'm the following words
TO- That I'm all capital or criminal prose
| cutions man hath a right TO demand
the cause and nature Of his accusation,
TO be confronted with the accusers and
| witnesses. 70 call for evidence In his
favor and 20 a speedy trial by an I'M
partial jury Of his vicInage, without whose
| unanimous consent he cannot be found
! guilty; nor can he be compelled 10 give
evidence against himself; that no man be
deprived OF his liberty. except by the law
Of the land or the judgment OF his peers.
And insert in lieu thereof the following:
10. That in all capital or criminal prose
cutions a man hath n right TO demand
the cause and nature Of his ac-
cusation, 10 be confronted with the
accusers and witnesses, to call for evil
dence in his favor. and to n speedy trial
! by an impartial jury Of his vicinage, with
| out whose unanimous consent he cannot
be found guilty, but the General Assembly
may, by law, provide for the trial other
wise than by a jury Of nan accused
| Of a criminal offence not punishable by
death or confinement In the penitentiary'
nor can he be compelled to give evidence
against himself; that no man be deprived
Of his liberty except by the law OF the
| land or the judgment OF his peers.
2 Resolved, That the clerk Of the Sem
ate or the clerk OF the House Of Dele
gates. or. II a vacancy happen In both OF
said Offices the presiding officer Of either
l<house Of the General Assembly, be au-
thorized ard required 20 cause this pro-
rosed amendment and these resolutions
10 be published In one newspaper pub
lishei I'm each Of the cities Of the Com
monwealth having more than ten thou
sand inhabitants, once a week for three
! consecutive months previous TO the time
| Of choosing the members OF the General
Assembly at the next general election OF
| senators and members Of the House Of
| Delegates.
3. Resolved. That the clerk Of the Senate
and the clerk Of the House Of Delegates
be required 10 transmi; 10 the General
| Assembly, to be chosen at the next gem
eral election OF senators and members
Of the House Of Delegates, certified
copy Of said proposed amendment and
! Of these resolutions, together with GER
ticates of publication by the publishers
| Of the newspapers I'm which said proposed
amendment shall have been published.
! When this resolution has been agreed
/ to by both Houses during the next session
| Of the Legislature, It will be submitted
to the suffrage OF the people in this State
! I'm the manner provided in Sec. J.
| Art u OF the Constitution. This
| section has the following
| ANY amendment or amendments 70
/ the Constitution may be proposed In the
/ Senate and House OF Delegates, and II
| the same shall be agreed 70 by majority
of the members elected TO each Of the
! two Houses. such proposed amendment
OF amendments shall be entered on their
/ journals, with the ayes and nays taken
thereon, and referred 10 the General
! Assembly to be chosen at the next gem
| eraI election Of senators and members
| Of the House Of Delegates, and shall be
published for three months previous 10
the time of making such choice And II
| in the next General Assembly such pro-
posed amendment or amendments shall
! be agreed TO by a majority Of all the
/ members elected 10 each House, then II
shall Toe the duty Of the General Assembly
to submit such proposed amendment or
! amendments to the people in such manner
and at such times as the General AS
sembly shall prescribe, and If the people
shall approve and ratify such amend
ment or amendments by majority or
+ the electors qualified to vote for members
! Of the General Assembly voting thereon
| such amendment or amendments snaI
] I.coY,a 70 - ~ fHa Constitution -