The Evening statesman. [volume] (Walla Walla, Wash.) 1903-1910, 1903-07-08
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willing to leave the Jail and wander
about the country until it gets along
toward fall. when they once more
look out for another petty criminal
lob and secure a home for another
winter They are very careful in
most cases that their crime does not
constitute a felony, for if there is
one thing feared by such persons
above anything else it is the peniten-
tiary.
The law is in short as follows:
That it shall be the duty OF the pros
acuting attorney of any county as soon
as he has knowledge that a person in
dicted or informed against for felony
has once or twice before been con
victed of any crime which, under the
laws of this state, would amount to
a felony, either in this state or else
where, to file upon such person an
other information setting forth the
fact of such former conviction or
convictions with the time and place,
when and where such conviction oc-
CURED. Then if the defendant pleads
guilty to the principal charge or if
after trial he is found guilty of such
principal charge by the jury, the
court shall Immediately, if such fur
Their information was served before
the trial of the principal charge, or if
served after the commencement of
the trial, then within five days and
before sentence. impanel a jury to try
the fact of such former conviction or
convictions. and if the jury find, from
the record thereof. or other competent
evidence that such person has been
once or twice convicted of crime,
which under the laws of the state
would amount to a felony, said jury
shall make return of such fact to the
court
Law Is Inconsistent.
when a criminal is found guilty
and the prosecution proves previous
conviction the law goes on to state
hat the sentence shall be a term in
The penitentiary not less than double
the time of the sentence of the former
conviction, and if it is the third Of
tense the convicted person shall be
sentenced to the penitentiary for the
rest of his natural life
This law, so far, is all right con-
inued Mr.. Fulton, but it is incOn-
sistent in the next section, which
deals with petit larcenies and misde-
meanOrs. A second conviction for
petit larceny is stated TO be equal to
| a felony, or in other words, to grand
| larceny, and the convicted party may
| De sentenced to term in the peniten-
tiary. But herein i what I believe is
| the error in framing the law The
| title states nothing about petit lar
| 'eny or misdemeanOrs and refers only
| o felOnies This is in direct contra
| fiction to article H.. section 10 of the
| state constitution, which is as follows
| No bill shall embrace more than one
subject. and that shall be expressed
n the title This section Of the con-
stitution. in my opinion, invalidates
| the part Of the law referring to misde
| neanOrs or section of the new law
! The act is all right inasmuch as il
refers to felOnies. but will, | thing
| BE found defective when it comes &c
| lealing with misdemeanOrs. In a way
| It defeats the intent Of the lawmakers
| whose object it was to lay a heavy
| punishment upon regular prisoners
| whose OffenSes were so small that
| hey cannot be classed as anything
| Else but misdemeanors. The city Is
| lull of these small offenders who
| steal articles of little value and are
! released after short terms and are re
arrested in a few days charged with
4 similar Offense. 1t is too bad that
he law was allowed to pass in its
| present form