The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1875-06-16

doubtful experiments BY courts or JHSuUM any form
or any extent From some expressions Of Judges ana
the remarks q text writer's there was some color tor
he SAME tune but there Was rcal or true warrant in
this is ST and ds s r S rsas S4of
prisoner should nave been discharged ts expira
P1
reversed and the prisoner discharged.
error " JosePh L Lscomb DEFENDANT in eTror-Judgs
& question suD.ea 70 ~ IN ms csse I r %
suit merely 10 determining the extent of the pun
either il establishing ia This State rule Of procedure "a
Individual who may be hereafter charged with offences
Of grade inferior 70 felony Or ~ rejecting the rule
principles or consistent with our system q criminal
unusually eSendSd d. Sssion o the QUESTION
sa during " hG we hsye heard the q en-
SI,n Tfs cd b
Enand and in T the several ssis q the gnou which
subject We have also retained the case uader advise
msn more than the usual time during whc we hap
l. 4 not my purpose now 70 reyew these authorities.
ncnt have been Referred 70 and anayzed In tbs
eP s. q II, my oFGner Judge sg @ %pg
I 3 sss dssi.ioS S@"s aassslgs
n I psp Tnet e is e @ aan was
n:y e6ns Ia; n 81. 1Ss ,s Ina A p ~
and adudgo accordingly not to change or strain
as ndM Il o. c The
separate and distinct ofences each amomn1ng, to
Tamsd may 10 CHARGED in one indciment in sepsras
sa .ns at The m e" & s
He a and ray ss ns s sy eo9s sss
say, various spseasS SSanIs: wS:!Ss!
Sentence on each count upon which tho prisoner q
Hdiemsnt and trial to an eSent ar IN Excess Of he
ae Of oSSoa o Which, G By statute s % n
distsd and tried The bare sion suggests io every
Injustice and oppression which might result from
70 QUESTION Would ess6s and dcoses
fsctusy such ruIe OF procedure would obiiierats
tne law has thrown around the trial Of per-.
20 punishment 81 those who Justly accused
S on 80 SsnE oand 70 az op means on
aaence The law therelors furnishes as far as pos.
esely q what he !, accused Of securing imRaftel
defence and prohibits The Introduction against him
eye nat asd es4a % his
Guides evidence which merely tends to create preudics
s sss'' or sSy OF DsrG aa sa for
TS re = nep NG a S aissp o
crime at time, and convicted only upon evidence
& s
oSe and rermne 81 when prisoner Vas TrSsned
for trial If @ FOR as
before the same jury, the common sense every lay
Ss ali Ss charges II The
Ess s eac are 3 sss would nan G
dice the jury against the prisoner IN dsssrmning upon
dens " Which %SSd legally s a 10
OF them would be necessarily ADMITTED !: eomDetent as
to introduce evidence excuipate himself some
70 him tthoaga perhaps iiegitimstely the o.
the others the result a. %he no .nf law as Of
be frustrated 1t
THE RUIZ CLAIMED
by the prosecution Is sound Il is equally apposble IS
aa ~ ss OF my Or age e TO
plants for petty offences for which they have ursdc.
vast number Of such offences can DO united in one in
propriety be united in one together,
and the result wOed Gw That Or s 0Ogr.
signed ths power Of trying only such offences as are
year could upon single trial sentence prisoner Tor
hs se aSs % n serious
iecilons and has little Il anything to recommend y
guarded By statutory rsstrcsons # the public pro.S
s9 anas a' aSd desires the n
punsnenis for each, he can, under existing law, OBJ
merits The prisoner will be enabled 70 avail him.
e Of mes ana y o ovsnes o The V proecnon and n
the defence viii DO confined to the matter charged
Within analS ea @s q the sraVty OF
r%Sa sa ss' 10 ion" gf0 me the
aSsR RI yda a a ne II s Sa. s
the APPEARANCE Of changing the yaT n offences but "a
fact 70 on cne the proo should
offsnces-in fact distinctwhich might have been sub
public prosecutor either during the Of the trial
or on2ls! s,Ssi ys rule CLAIMED S. sRs
prisoner can be ied a. the sane d i r. on a. n @
yiction. punished separately on each should not In
been . which he Oupt On
ons Of fshs In .caTchns for sshory Tor sScS
course Of procedure we naturally turn in the rst in.
search mud there nothing adapted . the enforcement
co slc an tho proTisos IN relation 70 inSictmsnssa
trials ana punlshments for crimes and misdemesnors
on every Indictment we next turn 70 TIE reports Of
in our own courts the q the Judiciary
q M. state % the 81 tune snS aar tho
not referred TO- nor do we ind single reported case in
conviction Of several oGeness under ono indictment
nor IN Ms tho b a s on this uee has
some OF tho reported opinions are explained in the
q the experience q me members o. our own
court NUMBER OF years over courts y cmns
jurisdiction Il this state and some exercised the once
from exOerencs Or tradition, can site case Il which
Se capable q Ssas sasoriy
iained although occasions tor such course must hsv.
trcaues new doctrine into our jurspraaencs con;rsry
% prss fs,S,s and n an Tho majority.
saying contrary tS our ideas order ana jus
Statutes Of tho United siates and or some Of our sister
states and o. Engand hsvs been referred % which 10
OF several criminal charges in indctment but
a % pnSe hs ss @ r The s a. %
enacung them Now. what y the authority uDon
which called upon to introduce into this State
this practcef II Is TO be found only in the opinions
10; to which BY our consation we adopted ths com.
mon law OF England, aud unless Ia 4 single very
recent case In which the question not raised dn
cussed or any reseon giyen-the TIchborne case-no
he cases etSS to have been aSS sanuis:ns ssh
fences separate counts 70 an cxtent greater in the
aggregate than coud have been inflicted upon ctther
the counts alone Upon the strength these opinions
various misdeme aaors may be Joined n one indictment
under several counts and tried at tns time and
separate convictions mad although IL Is conceded that
where the offence amounts % felony there can be bus
conviction and sentence under Indictment
The statement has been repeated IN Ameri-
can In other and these few aud those
be round conflict with each other. and Of them
are authority mere net usual 70 20 into hem IN de-
tail. o. place, however, to rcmarx in
passing that In Massachusetts after the practoa had
tanned In s1mo Of the counties founded on local
To unite aud try distinct offences under
Indictment the Legislature OF that state enacted
statute prOvidng that Two counts, describing
different offences may be set forth IN the complaint
indictment depending upon the same facts raasao-
tons provided the different therein ara
different descriptions o. the General stat.