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SPENCER v. STATE

No. 378, September Term, 1973.

20 Md. App. 201 (1974)

314 A.2d 727

CHARLES SPENCER, ALIAS ALFRED MOHORN v. STATE OF MARYLAND.

Court of Special Appeals of Maryland.

Decided February 14, 1974.

Attorney(s) appearing for the Case

Richard S. Kahn for appellant.

James L. Bundy, Assistant Attorney General, with whom were Francis B. Burch, Attorney General, Milton B. Allen, State's Attorney for Baltimore City, and Joseph Lyons, Assistant State's Attorney for Baltimore City, on the brief, for appellee.

The cause was argued before ORTH, C.J., and MOYLAN and LOWE, JJ.

MOYLAN, J., delivered the opinion of the Court.

As early as 1481 when Sir Thomas Littleton published his Tenures, the availability to a criminal defendant of the unfettered right to challenge peremptorily prospective jurors was already of long and settled usage. Sir James Fitzjames Stephen in 1 A History of the Criminal Law of England, 301-303, (1883) finds references to the procedure as early as the writings...

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