CHAPTER 176

RIGHT OF AN ACCUSED PERSON TO BE TRIED BY COURT OF COMMON PLEAS OF KENT COUNTY

AN ACT TO AMEND CHAPTER 170 OF THE REVISED CODE OF DELAWARE, 1935, IN REFERENCE TO THE RIGHT OF AN ACCUSED PERSON TO ELECT TO BE TRIED BY THE COURT OF COMMON PLEAS FOR KENT COUNTY; DUTY OF THE JUSTICE OF THE PEACE AND THE ARRESTING OFFICER TO ADVISE THE ACCUSED OF HIS RIGHT TO SO ELECT; EFFECT UPON JURISDICTION.

Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met:

Section 1. That Chapter 170 of the Revised Code of Delaware, 1935, be and the same is hereby amended, by striking out of 5839. Sec. 18 the first paragraph on page 1197 of the said Code and enacting in lieu thereof a new paragraph as follows, to wit:

The Court shall also have and may exercise the same jurisdiction and powers in criminal matters as is now or may hereafter be vested in Justices of the Peace for Kent County; provided, however, that the accused, in all cases where the Justice of the Peace of Kent County now has jurisdiction and power to hear and finally determine the matter, shall have the right to elect to have the case tried by the Court of Common Pleas for Kent County, and it shall be the duty of every Justice of the Peace for Kent County, and the officer making the arrest to advise such accused of his right to so elect, and every officer making the arrest and every Justice of the Peace for Kent County is hereby required to so advise the accused before the said Justice of the Peace shall have jurisdiction and power to try the case.

Approved April 4, 1947.