Western Kansas world. [volume] (WaKeeney, Kan.) 1885-current, 1896-08-22
BUBBLES IN CRIMINAL CASES.


Proper Legal Safeguards Prostituted for
the Protection of the Guilty.
The sixth amendment to the consti-
tuition of the United States provides
that in all criminal prosecutions the
accused shall enjoy the right to be
informed of the nature and cause of
the accusation against him. This is
| a principle of English Jurisprudence
older by some hundreds of years than
our constitution. 1t is a sound princi-
pie, and one which no people loving JUS
tice and liberty can afford to surrender.
Arguments ere not necessary to
bolster such a provision of the organic
law, but were such arguments needed
none better could be found that the two
reasons for the rule given by criminal
law writers-that the accused may
have opportunity to meet certain and
specific charge, first, in order to pre-
pare his defense and summon his wit
neSses to meet the charge. and, second,
thatif it sought to try him second time
for the same offense he may have 10
difficulty in proving that it is the same
offense, and thus escape being put
twice in jeopardy.
Simple and plain as are these rea-
sons, which have become crystallized
into rules of law and which are such as
everyone, yet they have been made the
preteNt for the existence of most. if
not all, of the bubbles and artifical1y
refined nicetieS of criminal pleading
that enable the adroit criminal lawyer
to shield from punishment those noto
riously guilty who dare not stand upon
the simple issue of guilt or innocence.
How numerous such cases are even
slight acquaintance with criminal
courts and criminal methods will dem
onSUrate. How successful such quib-
bling is in shielding crime is notorious.
A few illustrations of criminal con-
victions which have been set aside be-
cause the Indictment was not sufficient
ly specific or because it charged an Of
Tense which was not proven at the trial
may not be amiss in showing to what
extent criminal courts go in their fanci-
full interpretations of the apparently
simple and logical basic rules of Grim
inal law given above:
"tP. was indicated for the murder
of Robert Kahn. The case was fully
proven, except that none of the wit
neSses for the prosecution identified
the murdered man as Robert Kahn.
They knew him simply Kahn and
did not know his Christian name. The
conviction set aside.
''In a case of larceny the Indictment
charged that the defendant stole a
gray gelding. The proof went no
further than 20 show that it was a gray
horse. Conviction set aside.
''In another case of horse stealing
the Indictment charged that the horse
was the property of A. AS a mat
ter of fact, it was the property of ~
and B. Again the conviction set aside.
AN indictment charged one with
suborning J. S. of W., to commit
perjury. 1t was proven that J. S. lived
at X. The convention was set aside.
though it would have been good if J.
SIS residence had not been mentioned.
IAN Indictment for arson which
failed to state the name of the occupant
of the house burned was held insufTi-
cient to support a conviction, though
the fact was fully brought out in evil
dence.
"a conviction of larceny was set aside
because the Indictment, which alleged
that the defendant stole certain prop
erty from A, did not allege that the
property stolen belonged to A.
Washington Post.