The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1905-01-15

partments or by surprising passengers
IN any manner within the cars: and
the chief of the gang. if it should be
wholly or partially armed. is to re-
eeive the next higher penalty. Male
factors who habltually travel with the
gang are presumed 10 have been pres
ent at the commission of. the crime.
unless there be proof to the contrary.
Distinctions are drawn between rob-
berry of an inhabited house and one
that is upinha bited; and between pub
lie buildings and houses dedicated to
religious worship, and other buildings.
The punishment varies with the fact
whether the culprit carries arms or its
without them, and also as to the value
of the property stolen. The penalty
is raised 10 tho next higher degree If
the culprit has been previously con-
Nicted of the same offensc. Those hav-
ing in their possession pick locks or
other tools specially designed to COM
NIT the crime of robbery. without sat
isfactory- ezpIana ton, and those who
manufacture such tools, are severely
punished.
Fate of Trusted Enploye.
Let US now assume that a man
employed as Janitor of a public
building should. at night, being armed.
break open box within the building
where he was employed and abstract
therefrom property Of more than 1850
p2setas in ValGe "a paseta being worth
~ cents), what penalty would be i'm
posed by the court? Article sos of the
Penal Code provides in such a ca Sc
Tor the imposition Of the penalty Of
'prcsedio mayor in its medium degree
10 cadena temporal in its minimum de-
gree. By referring TO the tables in
the code we 2Scertein that this pun
isnment extends from eight years and
ore day TO fourteen years and eight
L.
eight months is to be divided. YOU viii
remember, into three equal parts and
the Judge is now confronted with the
necessity of determining within which
Of the three divisions the punishment
shall be imposed. He viii first search
such win be found. Under the case
stated he will next look for aSgravat-
ing circumstance. and will find one in
the fact that the malefactor has taken
! advantage CT his public position as jan
TOR. and second in the fact that he
has committed the crime at night. I'm
der the rules previously stated name
| ~. that If there be only aggravatins
circumstances. the penalty shall be
1 imposed III its maximum degree. we
ascertain from the ia BILE that the dis
erection Of the Judge is limited between
twelve years and one day and four
teen years and eight months. the max
mum degree of punishment prescribed
by the statute. You see. therefore,
that il would be quite possible for a
man 20 take pencil and paper in hand
and figure out within very narrow linn
its the punishment that would be inn
fosed upon him for the commission of
crime. should ne be acquainted with
the mu'titudipoGs rules of the code. AS
L said before. the judge must set fort n
with precision the crime committed
with all its attendant circurn stances.
and the conclusions OF law therefrom
under the statutes that govern him.
Thus it happens that the Legality of
his action is open TO inspection: and,
if he shall have followed the law. he
VIII be free from any imputation of
passion or prejudice, since his own
discretion has been controlled by the