The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1896-12-08
SOME COURTREFORMS


After years Of criticism OF the court OF
criminal appeals because OF rcversais OF
judgments on so.callcd tcehnieaiities It has
a, las, been discovered that the court Itself
Is more than anxious to have the code OF
erim!asl procedure amended and public
sentiment In that direction has become so
strong that the democratic party this year
Incorporated In It's platform a demand that
certain reforms shall be made which Will
insure speedy disposition of criminal
cases and minimize the number OF abortive
| trials. In conformity with this demand
several members cleo, OF the Twenty fifth
| legislature arc understood TO be preparing
bills aimed at the seven articles of the
code which are commonly charged with the
responsibility for many reyersals. and the
feeling that some sort OF change In this
matter is necessary has become so general
that the prediction may be safely hazarded
that the criminal lawyers will be unable
/ this time as Of yore TO choke OF the re-
formers in committee or to defeat them on
| the floor.
The latter have need OF care. experience
ana conservatism, however. lest they err
with greater emphasis along the lines in
which they are working than does the code
in the contrary direction as 1t stands now
The reform needed is not nearly as great
as some people would have 1t. BY simply
providing for the affirming OF appealed
cases unless 1t shall appear that the de-
PENDANT has been injured by errors made
in the trial court. or. in other words, by al
lowing the testimony as well the clerical
details incidental TO the trial TO cut sons
figure in the case when 1t reaches the
oour; Of criminal appeals, the number OF
technical" reversals will be materially re.
ducei.
And 1t should be presumed that in the
lower court the venue was proven: that the
defendant was arraigned and entered his
plea; that the jury was properly empan-
eisd and sworn, and that the charge was
duly certified to by the district clerk unless
1t is shown to the contrary by a bill OF
exceptions. which is made part OF the
record.
As matter of fact there is no State in
which the criminal laws are better en-
forced than in Texas. unless. perhaps, 1t
be in cases where life has been taken. |
public sentiment being In a measure re-
sponsble for that. and not the court of
criminal appeals, for it is Il matter Of
record that many more Killers" are turned |
loose by juries than by the higher courts. |
Occasionally some sensational murde. case |
is reversed by the court OF appeals which |
attracts a great deal OF attention and ex-
cites much adverse comment and the
charge is made that judicial hair splitting
has been INDUCED in and mob law encour-
aged. The injustice OF such charge may
be easily established. however, for 1t can
lie shown that Judge Lynch does quite as
much, II not more. business within the
Of district judges who are
seldom II ever reversed as in the shadow of
noted for their failure to make
cases stick.
Furthermore. in nine cases out of ten re-
rersala are directly chargeablc to the ignu-
rance or Carolessness OF the trial judge or
10 his lack OF precision and flrmness, which
makes of him an easy prey for adtute Grim
mai lawyers. hence the necessity for giving
NE court of criminal appeals authority 20
overlook technical errors fallen into by
ire court below. TO do 50 it Is not neces-
sagy to reyclutioni2e the code, however, nor
IS il In order to deal with the court OF
criminal appeals as II 1t We're more ready
han not TO let criminals escape.
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