Page:The Constitution of West Virginia ratified in 1872.pdf/8

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exceeds twenty dollars exclusive of interest and costs, the right of trial by jury, if required by either party, shall be preserved; and in such suit in a court of limited jurisdiction a jury shall consist of six persons. No fact tried by a jury shall be otherwise reexamined in any case than according to rule of court or law. [The first amendment of this section was proposed by Joint Resolution No. 11,Acts, Regular Session, 1879, p. 182; submitted by Acts, Regular Session, 1879, c. 50; and ratified October 12, 1880. Vote on the amendment: For ratification, 56,482; Against ratification, 34,073; Majority, 22,409.

This section, prior to its amendment, read: “In suits at common law, where the value in controversy, exclusive of interest and costs, exceeds twenty dollars, the right of trial by a jury of twelve men, if required by either party, shall be preserved; except that in appeals from judgments of justices, a jury of a less number may be authorized by law; but in trials of civil cases before a justice no jury shall be allowed and no fact tried by a jury shall in any case, be otherwise reexamined than according to the rules of common law.”

The second amendment of this section was proposed by Senate Joint ResolutionNo. 6, Acts, Regular Session, 1974, p. 946; submitted under authority of art. 11, c.3, of the West Virginia Code; and ratified November 5, 1974. Vote on the amendment: For ratification, 217,732; Against ratification, 127,393; Majority, 90,339.This section, prior to its amendment, read: “In suits at common law, where the value in controversy exceeds twenty dollars exclusive of interest and costs, the right of trial by jury, if required by either party, shall be preserved; and in such suit before a justice a jury may consist of six persons. No fact tried by a jury shall be otherwise reexamined in any case than according to the rules of the common law.” This section was amended to read as set out above.]

Trials of Crimes—Provisions in Interest of Accused

14. Trials of crimes, and of misdemeanors, unless herein otherwise provided, shall be by a jury of twelve men,* public, without unreasonable delay, and in the county where the alleged offense was committed, unless upon petition of the accused, and for good cause shown, it is removed to some other county. In all such trials, the accused shall be fully and plainly informed of the character and cause of the accusation, and be confronted with the witness against him, and shall have the assistance of counsel, and a reasonable time to prepare for his defense; and there shall be awarded to him compulsory process for obtaining witnesses in his favor. ______ [*See section 21 of this article, making women eligible for jury service.]