Daily Los Angeles herald., 1883-04-07

many Of whom. by following his advice.
had been enabled 10 escape the punish.
ment due to their crimes:
WASHINGTON, April IA decision
was rendered by the United States
Supreme Court to-day in the interesting
criminal case OF Charles II. Kring,
plaintiff in error, against the State Of
Missouri, brought here upon a writ Of
error from the Supreme Court Of that
State. Kring the plaintiff in error, on
January 4, 1875, shot and killed a
woman named Dora Brunzer AT the
March term OF the st. Louis Criminal
Court in the same year, he was indicted
for murder in the first degree, tried,
found guilty and sentenced to be
hanged Upon an appeal the judgment
of the Criminal Court was reversed and
new trial ordered. Two more trials
followed, in both of which the jury
failed to agree. Upon the fourth irial
the prisoner made an agreement with
the State Attorney to plead guilty to
murder In the second degree, upon con.
sideration OF being imprisoned for a
period of not longer than ten years.
Under this plea, however, he was SEN
fenced to imprisonment for twenty
years. He again appealed, and the judg'
ment OF the lower Court was reversed by
the Supreme Court and the cause n
second time romanded. Upon his next
trial the prisoner refused to withdraw
his plea OF guilty of murder in the sec
ond degree or TO make another plea.
Thereupon the Court ordered the plea
of not guilty to be entered for him, and
he was again tried for murder in the
first degree, found guilty and sentenced
to death. lie appealed to the Court of
Appeals and the Supreme Court of the
State. In both these tribunals the judg-
ment and sentence of the Court below
were affirmed. The sentence was then
ordered to be executed OH February "a,
1882. Before that time Judge Miller,
of the United States Supreme Court,
granted writer of error, and the case
was brought here for final review. Under
the Constitution and laws Of Missouri
at the time the murder was committed,
and the indictment found, the prisoner
could not be tried Tor murder in the
first degree after he had been con-
victed or pleaded guilty Of murder
in the second degree. But under the
Constitution OF 1875, as construed by
the Supreme Court of Missouri, one
indicted for murder in the first degree
and convicted or sentenced on plea of
guilty of murder in the second degree
may be again tried for murder in the
first degree in case of an appeal aud
reversal. II was contended in all the
courts by the prisoners scounsel that as the
section OF the State Constitution in 1876
was adopted subsequent to the finding
of the indictment, it could not he ap-
piled to the prisoners case; that it
changed punishment; that it was an ca
post fact0 law, and as such repugnant to
the spirit of the Constitution of the
United States. Justice Miller, in long
and carefully written opinion, rendered
the decision Of this Court, which may be
briefly summed up as follows: awe are
of opinion that any law passed after the
commission OF an oliense, which in rela.
tion to that oifense or its consequence
alters the situation of party to his
disadvantage, is an en post facto law.
No one can be criminally punished
in this country except according
to the law prescribed for his government
by the sovereign authority before the
imputed offense was committed, and
which existed as law at the time. The
provisions OF the Constitution of Mis-
souri, which denies the plaintiff in error
the benefit which the previous law gave
him Of acquittal on the charge of murder
in the first degree ON conviction of
murder in the second degree, is, as TO
his case, an ex post lacto law within the
meaning of the Constitution Of the
United States and for the error of the
Supreme Court of Missouri in holding
otherwise, its judgment is reversed and
the case remanded to it. with the direc-
tion to reverse the judgment of the
Criminal Court of st. Louis, and for
such further proceedings as are not in.
consistent with this opinion -
Chief Justice Waite and Justices Brad
ley, Gray and Matthews dissented.
This decision. rendered by bare ma
jority of one, finally relieves the prisoner
from the sentence of death which has
been hanging over him for the past seven
years.