The Dallas weekly herald. [volume] (Dallas, Tex.) 1873-1885, 1884-10-09

NMNNNNNNNNNN w INV NNNHHNNNH WV H"H. nv"
tent a. iuiulo said huusu ~ in niuhiru
tr otherwise di-luth ~ iuuur.
any |iuhnlithut thereof, be- shall ln huti
iu auv sum not less Than . NOR NOR,
than fIh,
"Aur., Dm. u ans person shall
wilIuIlly amt without lawful authority
break into any dwelling house not iu-
hahitri 40 tho time, or shall WllllullN
aud without LAWFUL authority destroy 80
luiure any such dwelling house, uT any
mart thereof he such manner ~ mot a.
rume Within tile meaning 1T ANY other
uilrusr, he shall bee huel Ia any sun not
lr than e. uuT more than slst'
There II ui present No penal statute
which protects the dwelling house trllu
Inc Iu'-sptsrvrs named iu the articles
.hnye suggested, such tTcs-pAss"rs are
hN uu mvtus iu%iTrIuruI, ant the remedy
Afforded ~ the Law a. II now Is seems
L. hu inadequate,
n, Changes suggested IA ut 'ude oi
Criminal Procedure,
JUnusrS Ni.i,
Article iil, Amend 81 ~ "a
read a. follows; "ltrcOsuisancrs aud
bail hnnds Aru forfeited ia the following
The name Of The defendant
shall bp called distinctly ut tho door oi
the cnurt-hnu-a, and II he does not ap-
ucar within a reasonable Tine after such
'all IL made Judgment shall bc entered
that the state ut Texas recover oi the
defendant and the surcIies upon his rec;
ogniEauco or hail bond tn amount oi
money in which they arc bound, ~
named la said -rccOgnizanco ar ball
bond"
As this article now reads IL requires
that th, Judgment shall state that 1.-THE
same will he made final unless good
cause he shown AT the next term OF TINS
court why the defendant did not APP
near" Numerous Judgments have been
reversed because OF the omission OF thls
requirement., which II practically
wholly unnecessary and should be OK
plunged. collins W. the State, II Texas
t'ourt of Appeals, 3i, and "A number of
subsequent csscs).
CHANGE or ESUk,
Article 5Is. Add after this article the
following: ARTICLE 5isa. Tho provis-
ions of this code ia relation Ia change Of
venue are applicable In felony cases
only. There shall be no change of
venue In misdemeanor cases"
IL IL questionable II Article 57s does
not embrace mi-dcmeanor cases. 10 80
construed, IL IL likely TO cause much
trouble In the enforcement of the law In
this class of eases.
change OF THE COURT.
Article ts5. Amend this article so rs
to read as follows: "a disregard OF any
of the requirements of tho eight pre-
ceding articles shall not be ceuse for the
reversal of the jud sment, unless the err
ror be excepted u AT the time OF the
trial, and unless, in the opinion OF the
of Appeals, such error may have
influenced the verdict Of tho jury to the
injury ofthe defendants rights
As this article now is, II any OF the
eight preceding articles are infringcd,
the error Is excepted ut the trial, the
must he reversed, although II
is apparent that no injury To the defend
rights could reasonably have re-
from the error. TINS provision
of the code has been a most lruitiuI
cause of reversals In cases where the
Of conviction should have
been affirmed.
Article l9. Amend so as to read rs
follows: "Ihe confession OF a defend
may, in all cases, be used in V
dence against him, and when the same
has been freely made, without compul-
sion or percussion, and mt a time when
defendant was not confined in jail,
Or other place of confinement, or in the
custody of an officer, "a conviction may
be had upon such confession without
other evidence"
Article $50. Amend so as to read as
follows: "When the confession of "A de-
PENDANT has been obtained by compul-
sion or persuasion, or when the same
was made while he was confined in
iail, or other place OF confinement,
or was in the custody of an oificer,a con-
cannot he had upon such confess
don unIes. corroborated by other evil
dence tending to connect the defendant
with the oifense committed, and the cor
IL not sufficient If IL merely
shows the commission of the Offense
The decisions constituting the " arti-
cles az they now exist are numerous,and
to some extent conflicting and confused.
1t would be well enough, perhaps, if
the articles were repealed, and nus rele-
gate the subject OF confessions to the
rules of the common law. AS tho mat
ter now stands. however, some legisla-
seems to be demanded to relieve
his character of evidence from the con-
which has been thrown around 1t
by the conflicting decisions Ofthe courts.
REVERSAL OF JUDGMENT.
Article so. Add after this article as
follows: "Article SOa. 1t shall be pre-
sumed that all the proceedings Of the
trial court were in accordance with the
unless it be made aflirmatively TO
appear In the record, by proper bill of
or otherwise, that there was
in such proceedings, and That by
reason of such error the defendant has
been probably injured in his rights.
Executions to errors committed in the
Of the trial court must be
taken at the time of the trial, and at
such time ~ that the errors complained
of may be corrected in the trial court, or
the Court OF Appeals may in Its alscre-
"Article sob. A Judgment of convic-
ton shall not be reversed because the
of facts does not contain evil
dence of the venue of tho Otfense, or OF
the identity OF the defendant, or Of the
time of the commission of the offense.
1t shall be presumed on appeal that
such evidence was introduced on the
trial, and that 1t was sufficient to estab-
Iish these requisites to the conviction.
If there was no such evidence intro
duced on the trial, that fact, II re-
lied upon for a reversal OF the judy
Ineut, must be made to appear al
irinatively in the record, and must also
been made a ground tor setting
aside the verdict and judgment in the
trial court in q motion for a new trial.
The enactment of the additional arti-
rles above suggested will prevent nu-
Inerous reversals OF Judgments OF con
which are 10Y set aside merely
because the record fails to show that the
defendant was arraigned, or that he
to the indictment, or that the
Jury was sworn, or that the Indictment
was not read to the jury. or that the
statement Of facts does not show proof
Of or the identity of the defend
or the time of the commission OF the
Dffense, etc. or all the changes, sug-
it is respectfully submitted that
none would be more beneficial, or add
to the certain and speedy enforce
ment of the penal laws, than those pre-
sented in the two last proposed addi-
articles.
JOHN p. WHITE,
SAN. A. WILSON.
Austin, Sept. 2, 1884.
Prank MaDly's Crime.