The Republican. [volume] (Oakland, Md.) 1877-current, 1947-03-13

opinion on such evidence. lie has no
right to advise you whether to indict
OF not, but he may advise you as to
whether certain evidence will be adj
miSSible or not at the trial of the case
if you do mdict, and your decision as
to whether to indict or not may rest
upon such advice
You should consider all evidence
which may throw light on the matter
under Investigation, whether it tends
to establish the innocence or the guilt
Of the accused. If, in the course of
your Investigations, you have reason
to believe that other evidence exists,
not presented to you. but within your
reach. which would qualify or explain
away the charge under investigation,
it is your duty to require such evil
dence to be produced. After you have
heard the evidence with respect to any
charge, you should then proceed to
deliberate among yourselves as to
whether or not to present or mdlct.
Your body is primarily AN accusing
body and does not try case to de-
termine finally whether one charged
of crime is innocent or guilty. The
question to be decided by you in de-
termining whether to indict or not Is
as follows: Do you believe from the
evidence before you, unexplained and
uncontladicted, that a crime has been
committed? If so, then you should
present or indict. If not, then you
should dismiss.
1t is not your duty to undertake
to regulate. control, or investigate the
private affairs, lives, or morals of in
L.. ,,D1oc, ,oyya n
believe that thier conduct affects or
constitutes a violation Of the criminal
law of this state You are. of course,
not to be busybodies and you are not
censors of other peoples affairs eX-
cept in so far as they directly affect
violations Of the criminal law of the
State
1t is necessary in the case of any
indictment or presentment for twelve
of your members to vote in favor Of
such Indictment or presentment. An
affirmative vote of a mere majority
Of your members present will not be
sufficient to sustain q valid present
ment or indictment, unless such af-
firmatiVe vote consists of at least
twelve.
Matters may arise of such char
acter or of such public nOtOriety as to
warrant on YOUR part an original in
vestigation and presentment and in
dictment Of certain persons. In MAX
inc any such investigation, it is with
in your province to summon any per-
sons. believed by YOU to have know
ledge of the conditions under investi-
cations. to appear before YOU and
testify respecting the matter which
YOU are INVESTIGATING. For that pul-
pose YOU may summon before YOU
anyone. officials or otherwise, to give
evidence pertaining to such matter II
necessary YOU may summon the
heads OF important branches or de-
partmcntS OF the State, County or
City Governments tor that purpose.
1t is improper for anyone, in of
ficial position or otherwise to at
tempt to Influence your decision to in
dict or to refuse to indict. The same
rule holds with regard to present
ments. If any communications are re-
ceived by any of you, either purport
inc to supply information to YOU with
respect to amy matter before YOU for
consideration or openly seeking to in
flucnce your decision in any way,
such communication should be de-
livered to the States Attorney. 1t is
the States Attorneys duty, in such