The daily exchange. [volume] (Baltimore, Md.) 1858-1861, 1859-02-21
ElPn'S rASE


This recently argued in the Baltimore Moot Court
sitting a Court OF Appeals. The heard before
Phelps j. who Wednesday last, delivered opinion
| from which brief extract is suljoined
record then, succnct history of from its In
cepon to its termination 1t contains, in brief and formal
language minutes of the successive definite steps in the pro
of trial 1t memorial of the proceedings and acts
of Court of Justice. Co Lit 26O az Tidds Pr Ill
'TheTs is great difference b,urt record and thing
CORDED for though ererV record be thing recorded yet
thing recorded is not record q Ilys Prac Reg 5s
d. record consists in results The premises from which
these results evolved of record This view of what
properly constitutes record, flows necessarily from the
maxim which attributes it absolute authenticity
inality, in the words of Lord Coke uncomfortable
reriiy'
At common law party in civil suit, aggreved by any
ruling of the Court upon matters alleged enus with
out redress until the Statute of Westminster H. provided for
bills of exceptions The that such ruling could
not be assigned for not appearing the record
(Nesbit Daam, G. 81, ) Such is precisely the state
of things at this day in Maryland with respect to criminal
trials
We have bills of exceptions in criminal There is
law requiring authorizing the Criminal Court to certify
statements of facts to file written opinions the ques
tons of law fact which it may be called upon decide
As intimated before the record is made results
premises The particular result, in the before U.S.
the Judgment consideration of the law upon the
distinct point presented for adjudication That point, far
relates to the cognzance of the appellate tribunal the
prisoners motion in of JUDGEMENT Nothing
required make the record complete than simple,
brief entry the final position of this motion by the
All beyond that is unofficial and gratuitous If the Court
thinks proper, for the satisfaction of parties the public
draw up written of the facts dispute,
As the Court understands them, either from its knowl
edge OF from the testimony submitted to it, the premises
from which its decision be deuced the Court
performs act of superrogaon say that such
ment of facts becomes part of the record simply because
happens to be reduced to writings when the law does not
contemplate or recognize its existence in writing at ALL is
a conclusion to which this Court cannot assent.
Nut pnint,un rincin
precise point under discussion has been expressly
Indicated In the of Ingiec Coolidge Wheaton,
the Supreme Court of the United States decided unanimously
that statement of facts drawn by Judge niSi priS
and recorded along with the proceedings in the
part of the record and could not be looked into for the
purpose of determining whether upon the facts therein pre-
sented the Supreme Court could entertain jurisdiction of the
under the Judiciary act of Congress.
Story, j. "a motion has been made dismiss the
ERROR upon the ground that there nothing apparent upon
'he record which brings the within the appellate
H cry act Of Of ss Court under the 18th co" of the "
at conceded on all sides that this is entirely correct
unlcss the report # the Judge who tried the cause, which
contains statement Of the facts be considered as a
1T cannot be so considered '''''
at is q not IKE peGi aet ID or statement Of facts
jHdgment The Judgment is rendered upon general rer
disccc" IF the Cont the propety granting relief,
or snstinteg motion for q ne'0 ia The writ of error
And in Williams Norris, IL Wheaton III, Marshall,
Chief Justice, delivering the unanimous opinion of the
Court decided that where Tennessee re
qured the Courts to file written opinions upon all material
points decided by them, and upon writ of error, send
transcript thereof with the balance of the in the
cause such opinion, filed and transcribed still
not a part of the official record.
will be observed in these that the design of
ducng the statements reports of the Court below
to mpcach contradict the record in any particular, but to
establish by their means state of facts collateral and
perfectly consisentwith the record
In the present the other hand the record which
Court presents state of facts and the report of the Judge
of the Criminal Court sets forth state of facts directly in
conflict The record clearly shows that the jury when polled
did seyeray find the prisoner guilty of murder in the first
degree Judge Stump in his report the contrary, dis
tncty certeS that only the foreman declared and that
the other jurors, when called simply responded .guy"
IT, therefore, to far TO decide that could
look into this report part of the record for any purpose, the
first thing should have to notice would be direct and
scnta conflict between parts Of the record The question
would then arise, which is to control? To what part
record in particular would the law then ascbc uncontroa
Bile verify" Whatever doubt might still he entertained
the face of decisions above cited and others the point
which might he referred u, TO whether judges statement
priuS examnable any purpose,
know of no principle of law, and have been shown al
ulicaon which would authorize this Court in of
direct collision between such statement and the official
cord. to award paramount authenticity to the former
If it should be said that inconsistency like
supposed would he of itself such would compel the
Court TO award rcRre de the reply Is, that for the
purposes OF tins case the only issue presented is the issue
the record boye the motion in Judgment
and that the Judges statement subsequent To the entry
of this motion Now it is very clear that in order
mine whether the Court below right wrong in over
ruling the motion in arrest, this Court at
cord it appeared to the Court below the point time
which to consider this motion at that time,
there nothing before the Court at all applicable to the
motion in arrestn other words, nothing upon face Of
the record but what perfectly consistent and regular
After reviewing length the other points, presented in
case, the opinion concludes:
Wesee in the record and the judgment the
Criminal Court is accordingly affirmed.