CHAPTER 305

AN ACT PROPOSING AMENDMENTS TO ARTICLE IV OF THE CONSTITUTION OF THE STATE OF DELAWARE RELATING TO APPEALS IN CRIMINAL MATTERS FROM INFERIOR COURTS.

Be it enacted by the General Assembly of the State of Delaware (two-thirds of all Members elected thereto concurring therein):

Section 1. Article IV, Section 28 of the Constitution of the State of Delaware is amended by striking out the second paragraph thereof and substituting the following:

The General Assembly may by law regulate this jurisdiction, and provide that the proceedings shall be with or without indictment by grand jury, or trial by petit jury, and may grant or deny the privilege of appeal from an inferior court in which no jury is available to the Superior Court or any statutory court in which trial by jury is provided by this Constitution or by statute; provided, however, that there shall be an appeal to the Superior Court or to any statutory court in which trial by jury is provided for by statute from all causes tried in inferior courts in which the sentence shall be imprisonment exceeding one (1) month or a fine exceeding One Hundred Dollars ($100.00).