Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1893-10-29
c. HAT1oN, ESQ.
Scarcely Possible for Appellate oo"''' ~
pef.at ,Ju.iice an Technicsii'ies.

scarcely lrss1Dic
Defeat Justice an Teehnicnii'ies'
"Au look ND with reverential awe
Al crimes that 'scape or triumph Ger 'ho
law"
Tn. idea conveyed IN the above couple1
f. AZ pertinent to-day a. wnsh ioPt -
aptiy expressed It: and when Shahespsal,s
made Hamlet number the "a"
a,,or., "tha ils we have" he SEE an ~
ar,,,io which though no longer applicable
10 existing conditions, Is now O-Hs 'ol-
io,,-.d by many who should b. better III
formed. H., tho,
am not one Of those who believe that
In This Commonwealth there Is undue TAR
dlness in enforcing the criminal Jaws .,
that the ends OF justice are OFTEN aeieaesu
h,, the appellate courts upon trivial tech-
uicalities. l speak generally. because, 40
10 the trial OF certain r,inor olt'Hc.s'
have in mind delays which must coht'h"o
until the Interpretation when tne CouI
OF Appeals lin the case OF hi'ier w. IN
commonwealth has placed upon inc aea-
,,,,a etv,np criminal Jurisdiction % JUS
tices az the peace. can be met by proper
constitutional amendment and legislation
I'm accordance Herewith.
CAUTION NECESSARY.
Among all people possessed Of the An
olo.Saxon love OF liberty and deriving
their system of Jurisprudence from the
common law of England. II Is deemed
vise 10 give the benefit OF all reasonable
doubts 10 the accused; and to have the
trial for crime so regulated that IL VIII
be necessary for the accused 10 ne spe
officially Informed OF the precise oHeh0c
charged and accorded a reasonable tine
to prepare his defence. And inasnuch as
laws are made TO apply to extraordinary
as well as ordinary circumstances IL IS
necessary that they should be suiiicIen''S
broad I'm these respects TO AVOID Worhihs
an injury when applied TO extraordinary
circumstances. even though these same
laws may appear somewhat lax when
only applied to ordinary conditions.
CRIMINAL CAUSES.
our laws provide for the prompt tIiai
NJ criminal causes. Regular grand 1uries
ynust he had twice a year. and special
grand turies. with equal powers, may DC
had at any time. The county and corpo-
ration courts are the chief courts OF Orig,
nal criminal Jurisdiction; they hold
monthly terms, and criminal cases may
be tried at any term, so that no Hiute
than n month need elapse between the
Indictment and trial. unless, In the couh-
ties when charged with Il capitai otehce'
the accused elects to be tried IN the Nlr-
cnit Court. winch Only itfhN ''iNN -
months. and therefore the trial may De
deferred for that period
THE RIGHT OF ELECTION.
The provision of the law permitting THIS
election should be repealed, as the pri-
soner can always have an appeal to the
Circuit Court. Another provision when
might likewise be repealed, to prevent ue-
lay. is that which limits the session oil
the county courts 10 fifteen days. upon
the subject of hardness 1t is proper 10
add that In our Court of Appeals. by Kuie
XVII, criminal cases take precedence over
all other cases on the docket
As 10 the second branch of your In
uuiry, / have to say that under the pro-
visions of our Code SECTIONS 1885 and 1898
TO 4OOW It is scarcely possible for our ap-
pellate courts to defeat justice upon TIL
vial technicalities, and careful eXaml-
nation Of the reports Of the cases decided
by our highest appellate court during re-
cent years will disclose, even to layman'
cogent and convincing reasons Tor the
courts action in ALI cases decided IN
favor OF the accused. q. Hal lON'