Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1905-04-15

jurisdiction Is placed by the Con-
stitution IN the hands of justices Of
the peace, was not sustained by the
supreme court. The opinion on that
point says 1T Is plain that a con-
struction which would lead to such
mischieyous and absurd results can
not be seriously considered, where, as
In this case such consequences can
be avoided by giving to the Language
OF the provision OF the Constitution lts
ordinary meaning"
no SELF DEFENSE
on tho question Of Shockleys aban-
donment OF his intention TO rob the
men. the opinion contains the Follow
Ing strong statements:
The law Is wen settled that where a
party makes an unprovoked assault on
mother FOR the purpose OF committing "a
felony, az was done In this case, before
the assailant can claim and exercise the
right of self.defcnse he must in good
faith, abandon his criminal design ana
withdraw from the contest, ana at me
same time notify his adversary OF such
abandonment In such a way as TO mani
fest his good faith and TO remove all
Wst apprehension there may be I'm the
mind OF the party assaulted That such
withdrawal may be only ruse for the
purpose of enabling the assailant TO
gain some undue advantage and again
renew the assault,
We have no hesitancy m saying that,
according 10 his own testimony, which
we must assume TO be true, from the
time he entered the car and told the
occupants to throw up their hands and
until he killed Brighton, there was not
a moment that either Gleason or Brigh-
ton would not have been justified IN
shooting him down. first for the pro-
lection OF their own persons, and, Sec
ond, to prevent his escape.
II Is idle to contend that the ques-
lions and answers referred to had a
tendency or even were INTENDED 10
weaken or lmpeach the facts upon
which the state relied for a conviction
and which are the only material facts
I'm the case. or, for that matter, any
fact or circumstance testified TO by The
defendant
ACT or a CRIMINAL.
lie was endeavorng to and, in fact
was I'm the act Of robbiRg couple OF
blamoless and nOGensivc men, and
when he was told TO put up his hands
he was. I'm effect placed under arrest
The killing OF his men, under the Cur
Cumstances as related by himself, IN
order TO make his escape, was Just as
culpable and indefensible as though ne
had. without warning, shot them down
when he first entered the car AT ma
time, from the moment he entered the
car until he fired the fatal shot that
killed Gleason, did he do anything that
would even suggest that he intended
I'm rood faith To withdraw from the
contest, much less abandon his telonl'
Gus attempt Of robbery, on TO SURRENDER
himself as a prisoner
True, according 10 his testimony
which for the purpose of this case We
must accept as true after he had shot
Gleason he said to Brighton, For
Gods sake, man, don't XIII me; ! VIII
give up." When he made this state
ment he had already committed TIM
crime for which he stands convicted
And even II this declaration had been
made In good faith, under the circum-
stances, It would avail him nothing,
Chief Justice Bartch, in his opinion
holds that the jury should have been
allowed to determine whether or not the
facts as detailed by Shockley consti-
tuted abandonment and notification as
the law contemplates.
sHOCKLEY OVERLOOKED,
When shockley was notified Of the
action Of the supreme court he was
overjoyed and said that he felt salts
fed all the time that he would be
granted a new trial.