§ 8. Offenses heretofore required to be prosecuted by indictment shall be prosecuted by information, after examination and commitment by a magistrate, or by indictment, with or without such examination and commitment, as may be prescribed by law. A grand jury shall be drawn and summoned at least once a year in each county. Grand jury-Mo. XIV, 11. Grand jury.-The mode of selecting grand jurors, until altered by law, remains the same under the constitution (art. II, sec. 23) as under the territorial laws. Wilson v. People, 3 Colo. 325. § 9. Every citizen may freely speak, write, and publish his sentiments on all subjects, being responsible for the abuse of that right;1 and no law shall be passed to restrain or abridge the liberty of speech or of the press. In all criminal prosecutions for libels, the truth may be given in evidence to the jury; and if it shall appear to the jury that the matter charged as libelous is true, and was published with good motives and for justifiable ends, the party shall be acquitted;3 and the jury shall have the right to determine the law and the fact.4 Indictments found, or information laid, for publications in newspapers shall be tried in the county where such newspapers have their publication office, or in the county where the party alleged to be libeled resided at the time of the alleged publication, unless the place of trial shall be changed for good cause. 1 Ala. I, 5; Neb. I, 5; Nev. I, 9; N. Y. I, 8; N. C. I, 20; Ohio I, 11; Wis. I, 3. And see Ark. II, 6; Colo. II, 10; Conn. I, 5; Del. I, 5; Fla. I, 10; Ill. II, 4; Ind. I, 9; Iowa, I, 7; Kans. Bill Rts. 11; Ky. XIII, 9; La. I, 4; Me. I, 4; Md. Dec. Rts. 40; Mich. IV, 42; Minn. Í,3; Mo. II, 14; N. J. 1,5; N. C. I, 20; Pa. I, 7; R. I. I, 20; S. C. I, 7; Tenn. Í, 19; Tex. I, 8; Va. I, 14. 2_Del. I, 11; Fla. Dec. Rts. 10; Ill. II, 4; Mo. II, 14; Nev. I, 9; N. Y. I, 8; Tex. I, 8; W. Va. III, 7. And see Colo. II, 10; Conn. I, 6; Ind. I, 9; Iowa I, 7; Ky. XIII, 9; Me. I, 4; Mass. Pt. I, 16; Mich. IV, 42; Mo. II, 14; N. H. Pt. I, 22; N. J. I, 5; Or. I, 8; Pa. I, 7; S. C. I, 7. 3 Ala, I, 13; Ark. II, 6; Fla. Dec. Rts. I, 10; Nev. I, 9; Ohio, I, 11; "or" indictments-Mo. II, 14; Nev. I, 9; N. Y. I, 8; Texas, I, 8; W. Va. III, 8; Wis. I, 3. And see Ala. I, 13; Colo. II, 10; Conn. I,7; Del. I, 5; Ga. I, 19; Ill. II, 4; Ind. I, 10; Iowa I, 7; Kans. Bill Rts. 11; Me. I, 4; Mo. II, 14; Neb. I, 5; N. J. I, 5; R. I. I, 20; S. C. I, 8; Tenn. I, 19; Vt. I, 13; W. Va. III, 17. 4 Ala. I, 13; Colo. II, 10; Del. I, 5; Ga. I, 19; Mich. VI, 25; N. J. I,5; N. Y. I. 8; Ohio I, 11; Pa. I, 7; S. C. I, 8; Wis. I, 3. I, 13; Ark. II, 6; III. II, 4; Mo. II, 14; Conn. I, 7; Miss. I, 4; Tenn. I, 19; Tex. I, 8. Neb. I, 3; Freedom of speech.-The guarantee of freedom of speech applies to words spoken or published in regard to judicial conduct or character. Storey v. People, 79 Ill. 45. Freedom of the press.-That the freedom of the press shall not be restrained means that every citizen has the right of investigating the conduct of those who are intrusted with public business,1 being responsible for the abuse of that liberty.2 1 Respublica v. Oswald, 1 Dall. 325. 2 Runkle v. Mayor, 3 Yeates, 520; Respublica v. Dennie, 4 Yeates, 269; Comm. v. Odell, 3 Pittsb. 449. § 10. The people shall have the right to freely assemble together to consult for the common good,1 to instruct their Representatives, and to petition the Legislature for redress of grievances.2 1 Neb. I, 19; Ohio, I, 3; Tex. I, 27. 2 Colo. II, 24; Nev. I, 10; N. C. I, 25; Ohio, I, 3; W. Va. III, 16. And see Ala. I, 26; Ark. II, 4; Colo. II, 24; Conn. I, 16; Del. I, 16; Fla. I, 11; Ga. I, 5; Ill. II, 17; Ind. I, 31; Iowa I, 20; Kans. Bill Rts. 3; Ky. XIII, 24; La. I, 5; Me. I, 15; Md. Dec. Rts. 13; Mass. Pt. I, 19; Miss. I, 6; Mo. II, 29; N. H. Pt. I, 32; N. J. I, 18; N. Y. I, 10; Or. I, 27; Pa. I, 20; 'R. I. I, 21; S. C. I, 6; Tenn. I, 23; Tex. I, 27; Vt. I, 20; Wis. I, 4. § 11. All laws of a general nature shall have a uniform operation. Fla. Dec. Rts. 12; Kans. II, 17; Iowa, I, 6; Ohio, II, 26. And see Ill VI, 29. Uniformity of laws.-The meaning of this section is not that general laws must act alike upon all subjects of legislation, or upon all citizens and persons, but that they shall operate uniformly or in the same manner upon all persons who stand in the same category-that is to say, upon all persons who stand in the same relation to the law, in respect to the privileges and immunities conferred by it, or the acts which it prohibits. It must not grant to any citizen or class of citizens privileges which upon the same terms shall not equally belong to all citizens. It was not intended by this provision to prevent legislation which is local in its operation or special in its effect, or that all differences founded upon class or sex should be ignored. It does not require laws to have a uniform operation unless they are general, and this depends on the legislative purpose discernable in its enactment. The word "uniform" in this section does not mean "universal."5 An act to remedy the failure on the part of a tax collector to publish the names of the owners, etc., cannot be defeated upon the ground that it is not uniform in its operation. Such an act is not "general," but 'special." So, separate fee-bills may be passed for each county, and the legislature may create more than one revenue district in a county.8 This section does not apply to the time when the several courts shall meet, nor to the length of their terms. The legislature cannot suspend the operation of a general law in favor of an individual.10 66 1 Smith v. Judge Twelfth District, 17 Cal. 554; French v. Teschemacher, 24 Ibid. 544; Bourland v. Hildreth, 26 Ibid. 256; Brooks v. Hyde, 37 Cal. 366. 2 Brooks v. Hyde, 37 Cal. 366. 3 Ex parte Smith & Keating, 38 Cal. 710. 4 People v. C. P. R. R. Co. 43 Cal. 398. 5 Smith v. Judge of Twelfth Dist. 17 Cal. 547. 6 Moore v. Patch, 12 Cal. 265. 7 Ryan v. Johnson, 5 Cal. 86; People v. C. P. R. R. Co. 43 Cal. 398. 8 People v. C. P. R. R. Co. 43 Cal. 398. 9 Karnes v. People, 73 Ill. 274. 10 Holden v. James, 11 Mass. 396. § 12. The military shall be subordinate to the civil power. No standing army shall be kept up by this State in time of peace,2 and no soldier shall, in time of peace, be quartered in any house without the consent of the owner; nor in time of war, except in the manner prescribed by law.3 1 Ark. II, 27; Fla. Dec. Rts. 13; Ill. II, 15; Iowa, I, 14; Minn. I, 14; Mo. II, 27; Neb. I, 17; Nev. I, 11; N. C. 1, 24; Tex. I, 24; W. Va. III, 12. See Conn. I, 18; Del. I, 17; Ind. I, 34; Ky. XIII, 26; La. VI, 125; Md. Dec. Rts. 30; Mass. Pt. I, 17; Mich. XVIII, 8; Miss. I, 25; N. H. Pt. I, 26; N. J. I, 12; Pa. I, 22; R. I. 1, 18; S. C. I, 28; Vt. I, 16; Va. I, 15. 2 Ala. I, 28; Ark. II, 27; Iowa, I, 14; Nev. I, 11; Pa. I, 22. See Del. I, 17; Ky. XIII, 26; Md. Dec. Rts. 29; Mass. Pt. I, 17; Minn. I, 14; N. H. Pt. I, 25; S. C. I, 28; Vt. I, 16; Va. I, 15; W. Va. III, 12. 3 U. S. Amend. III; Ala. I, 29; Ark. II, 27; Colo. II, 22; Conn. I, 19; Del. I, 18; Fla. Dec. Rts. 14; Ill. II, 15; Ind. I,34; Iowa, I, 15; Ky. XIII, 27; Md. Dec. Rts. 31; Mo. II, 27; Neb. I, 18; Nev. I, 11; N. J. I, 13; N. C. I, 36; Ohio, I, 13; Or. I, 29; Penn. I, 23; R. I. I, 19; S. C. I, 29; Tenn. I, 27; Tex. I, 25; W. Va. III, 12. See Kans. Bill Rts. 14; Me. I, 18; Mich. XVIII, 9; N. H. Pt. I, 27; Pa. I, 23. § 13. In criminal prosecutions, in any court whatever, the party accused shall have the right to a speedy and public trial; to have the process of the Court to compel the attendance of witnesses in his behalf, and to appear and defend, in person and with counsel.1 No person shall be twice put in jeopardy for the same offense;2 nor be compelled, in any criminal case, to be a witness against himself; nor be deprived of life, liberty, or property without due process of law. The Legislature shall have power to provide for the taking, in the presence of the party accused and his counsel, of depositions of witnesses in criminal cases, other than cases of homicide, when there is reason to believe that the witness, from inability or other cause, will not attend at the trial. 1 Appearance-Fla. Dec. Rts. 9; Mo. II, 22; Neb. I, 2; Nev. I, 8; N. Y. I, 6; Pa. I, 9; Tex. I, 10. 2 Jeopardy-Ala. I, 10; Colo. II, 18; Fla. Dec. Rts. 9; Ill. I, 10; Ind. I, 14; Kans. Bill Rts. 1; Neb. I, 12; Nev. I, 8; N. Y. I, 6; Ohio, 1, 10; Or. I, 12; Tex. I, 14; W. Va. I, 2. 3 Accused as witness-U. S. Amend. V; Ala. I, 7; Fla. Dec. Rts. 9; Ill. II, 10; Mich. VI, 32; Minn. I, 7; Mo. II, 23; Neb. I, 12; N. Y. I,6; N. C. I, 11; Ohio I, 1; Pa. 1, 10; Tex. I, 10; Wis. 1, 8. 4 Due process of law-U. S. Amend. V; Ala. I, 7; Ark. I, 9; Colo. II, 25; Conn. I, 9; Fla. Dec. Rts. 9; Ga. I, 3; Ill. II, 2; Mich. VI, 32; Minn. I, 7; Miss. 1, 2; Mo. II, 30; Neb. I, 3; N. Y. I, 6; N. C. I, 17; Pa. I, 10; Tex. I, 19; W. Va. III, 10. And see Del. I, 7; Ga. I, 7; Ill. II, 9; Ind. I, 13; Iowa, I, 10; Kan. Bill Rts. 10; Ky. XIII, 12, 14; La. I, 6; Md. Dec. Rts. 21; Me. I, 6; Mich. VI, 28; Minn. I, 6; Miss. I, 7; Mo. II, 22; Neb. 1, 3; N. J. I, 8; S. C. I, 13; Tenn. I, 9; W. Va. III, 14; Wis. I, 7. Rights of accused.-The legislature may prescribe any form of indictment which furnishes the accused information of what he is required to answer,1 and a statute may authorize prosecutions by information in cases of misdemeanors.2 The provisos of an act are essential parts of the description of the offense, and a statute authorizing their omission is in violation of the constitutional right. The law may provide that exceptions to the grand jury must be made at a particular time. If the accused is indicted under a wrong name he may nevertheless be tried under his real name.5 The accused may waive his right to be confronted by the witnesses.6 1 Noles v. State, 24 Ala. 672; Schwartz v. State, 37 Ala. 460; Elam v. State, 25 Ala. 43; Burdine v. State, Ibid. 60; Sherrod v. State, Ibid. 78; Thompson v. State, Ibid. 41; Salomon v. State, 27 Ala. 26. 2 Chase v. People, 2 Colo. 509. 3 State v. Duke, 42 Tex. 455. 4 People v. Magallones, 15 Cal. 426. 5 People v. Kelly, 6 Cal. 210. 6 Rosenbaum v. State, 33 Ala. 354. Right to be heard. The right to he heard by himself and counsel is a guaranty of a right to be present when the jury returns their verdict.1 It applies only to courts where facts are to be inquired into, and not to proceedings on appeal; 2 nor does it entitle him to make a statement of facts to the jury independent of the evidence. Counsel have the right to read from law-books in illustration of their arguments, and if the court imposes a limitation of time for argument before the jury, and the prisoner be thereby deprived of a full defense, it is done at the risk of a new trial.5 It need not appear by the record that the prisoner was allowed counsel.6 1 State v. Hughes, 2 Ala. 102. 2 Phleming v. State, Minor, 42. 3 State v. McCall, 4 Ala. 643. 4 People v. Anderson, 44 Cal. 65. 5 People v. Keenan, 13 Cal. 581; Hunt v. State, 49 Ga. 255. 6 Cathcart v. Comm. 37 Pa. St. 108. |