The Savannah morning news. (Savannah, Ga.) 1900-current, 1904-06-29
OPPOSE PROPOSED
CHANGE IN LAWS
CHANGE IN CRIMINAL LAWS
WOULD BE DETRIMENTAL SAY sA-
VANNAH ATTORNEYS.

Proposed Changes Are offered by
Committee of Georgia state Bar
AssOcIntiOn-COI. MeIdrim states
Probable Objects That Committee.
Had in View-Wfll Produce Inter-
esting Discussions In Convention.
Prisoners should BE Given Benefit
of Doubts.
The announcement in the Morning
News that the committee from the
Georgia State Bar Association had de-
cided to recommend certain decided
changes in the laws of the state, espe-
cially as regards criminal procedure,
was read with the greatest interest by
members OF the chatham county bar
yesterday.
Col. P. W. Meldrim president of the
association, when asked about the mat
ter, stated he did not care to express
an opinion regarding the ACCESSIBILITY
or inadvisability of the proposed
changes until he had seen the report in
detail.
THE report will produce" he said,
''some interesting discussions and will
give an added interest to the sessions
of the association. Many of the
changes have been thoroughly thresh-
ed over in other states, but that fact
will not detract from the interest of
our discussion.
The question of giving the state as
many strikes as the defense is an old
one. Many attorneys have held that
the state with but 10 strikes as against
the 20 Of the defense, puts the state at
too great disadvantage. The obvious
way to remedy this is, they claim is to
give each the same number of strikes.
THE mater of allowing two-thirds
majority of the jury to render YER
dict in certain felony cases, thus doing
away with the unanimous vote, has
also been discussed. The object of the
change is to do away with so many
r1istrials. Some have held, also, that
there is too much protection thrown
about the accused.
Two other Main Points.
The question of allowing the state
to appeal is not made clear in the
summary of the report. Under the
present law the state, even though
a gross error has been made against
it, cannot appeal. The change is de-
signed to give the state the right to
appeal in order to shut off like errors
in future cases. In case of an appeal
by the state the decision of the nigh
er court is not to effect the case at
bar.
The other principal point is that Of
allowing the judges to comment upon
the evidence. Heretofore they have
been able to pass only upon its ad-
instability, and many desire that
they be given the power to pass upon
its credibility. OF course, the jury
would be instructed that it could give
this opinion Of the court whatever
weight 1t saw fit"
Attorneys Oppose Changes.
There was a general opposition
among the criminal lawyers to the
proposed changes Col. Robert L..
Colding when asked about them, said;
II am particularly opposed to the
proposed change allowing the judges
TO comment oil the eredibility of wit
ness and the evidence. Twelve men
are better judges of such things than
the purest Judge that ever sat upon
bench. The change would make the
Judge an autocrat. II he can express
an opinion as to the facts, the trlal
by jury, our greatest safeguard be-
comes mere farce.
Il am also opposed 20 the changes
which propose giving the state an equai
number OF challenges with the defense,
and also which make a twO-thirds ma
Jority all that Is required for YER
dict. Ten strikes out Of forty-elght
names should be sufficient for me
state. A. for the tw0-thlrds rule J
oppose Il on the ground that IN cases
where there II doubt. the prisoner
should be given the benefit OF a.
70 Take Dispositions.
Ar
loving written dispositions 20 b. taken
10 criminal cases A witness is often