November 6, 1934

Approved

State legislature

A“yes” votesupported providing for a grand jury in certain cases and establishing certain procedures for criminal trials.

A“no” voteopposed providing for a grand jury in certain cases and establishing certain procedures for criminal trials.

Yes

NO. FOUR

    Proposing to Amend Section 10 of the Declaration of Rights of the Constitution Relating to Grand Juries, Informations, Presentments, and Indictments of Persons for Capital Crimes and Other Felonies, So as to Provide that No Person Shall Be Tried for a Capital Crime Unless on Presentment or Indictment by a Grand Jury, and No Person Shall be Tried for Other Felony Unless on Presentment or Indictment by a Grand Jury or Upon Information Under Oath Filed by the Prosecuting Attorney of the Court, with Exceptions as to Impeachment, Cases in the Militia when in Active Service in Time of War, or Cases in the Militia Which the State, with the Consent of Congress, May Keep in Time of Peace; Providing for Pleas to any Information in Term Time or Vacation and Judgment and Sentence of a Plea of Guilt in Term Time or in Vacation; and Authorizing the Judge of Any Circuit Court to Dispense with the Summoning, Empaneling and Convening of the Grand Jury at any Term of Court by his Order; and Empowering the Legislature by General Law to Regulate the Number of Grand Jurors on a Grand Jury and Fix the Number Necessary to Return an Indictment or Presentment.

Section 10. No person shall be tried for a capital crime unless on presentment or indictment by a grand jury, and no person shall be tried for other felony unless on presentment or indictment by a grand jury or upon information under oath filed by the prosecuting attorney of the court wherein the information is filed, except as is otherwise provided in this Constitution, and except in cases of impeachment, and in cases in the militia when in active service in time of war, or which the state, with the consent of Congress, may keep in time of peace. Any person under such information, presentment or indictment for any felony not capital may be arraigned and may enter a plea in term time or in vacation, and the judgment and sentence of the court on a plea of guilty may be made and entered either in term time or in vacation. The judge of any circuit court is authorized to dispense with the summoning, empaneling, and convening of the grand jury at any term of court by making, entering, and filing with the clerk of said court a written order directing that no grand jury be summoned at such term of court, which order of the Circuit Judge may be made in vacation or term time of said court. The Legislature shall have power by general legislation to regulate the number of grand jurors to serve upon, or constitute, a grand jury and to fix the number of grand jurors required to vote for and return an indictment or presentment.

This amendment, upon ratification as aforesaid, shall take effect at midnight on December 31, 1934, without the necessity of legislation.

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