The Birmingham age-herald., 1906-12-05

ing criminal cases in the supreme court I feel safe in saying that at least one half of all homicides are caused by one party or the other having a concealed weapon. For this reason. solicitor should give this and kindred ofenses their un- tiring efforts.
 Burglary and Larceny.
 '@rhe crimes of burglary, robbery and larceny in both degrees during the two years first mentioned foot up POGO cases, with 1442 convictions, 757 sentences to the penitentiaryi and 406 to hard labor, and los to jail. During the two years last past the same crimes foot up 2O6l cases disposed of with 1420 convictions, SIS sentences to the penitentary. 40S to hard labor and 29S jail and fine punishments Imposed. As will be observed there is a slight increase over the preceding two years throughout the state
 From a consideration of the figures shown in the general statement it ap- pears that the principal increase is in the offense of abusive language, gaming, vio- lating prohibition laws, assault and bat tery, assault and battery with weapon and homicide
 "The percentage of convictions in case disposed of during the two years through out the state, ending September 30, 1904 was 50, and in the several circuits the
 
 g to 70. During the two years last past the percentage of convictions in cases disposed of throughout the state was S and in the several circuits the percentage ranged from 36 to ST.
 Suggestions.
 "In obedience to the statute which re- qures the attorney general to make sug- gestons touching changes in the criminal law, l beg to submit the following
 That an act be passed providing that in appeals to the supreme court in crim- inal cases the court shall not reverse the judgment for the refusal of special or written charge asked by the appellant and refused by the court. if the proposi- ton embodied in such charge is substan- tially covered by a charge given at the request of the appellant or by the gen eral oral charge of the court, and no case shall be reversed by the supreme court unless 1t affrmatively appears from the record that the trial court failed TO refused to charge the jury either in the general charge or in special charge given at the request of the appellant upon the proposition embodied in such re- fused charge.
 Such statute would, in my judgment, result in a great saving to the state and would largely reduce the number of re- versals.
 An examination of the criminal cases decided by the supreme court during the last four years shows that of 197 rever- sals, 30 per cent were on account of er- roneous rulings of the lower court on the evidence; 16 per cent account of the refusal of special charges requested by the defendant, and about 20 per cent more on account of rulings on pleadngs and practice. The last clause of para graph 4333 of the code, But the judg- ment of conviction must not be reversed because of error in the record, when the court is satisfied that no injury resulted therefrom to the defendant" is applied by the supreme court with such strictness that it is of small value The admission of scintilla of irrevelant evidence or the refusal of the court to give every special charge requested by the defendant and asserting correct legal proposition, al- though covered by the general charge, or the failure of the prosecution to stipu- late in a special charge the degree of proof required in criminal cases, al- trough the court has already charged the doctrine of reasonable doubt in all it's phases is upon appeal to the supreme court fatal to the conviction and sem tence. Under the rule which now letters that tribunal the case must be reversed and remanded for another trial Such a rule, ought, in my judgment to be abo- ished; it has rightful place in l. svs-
 
 punishment and suppression of crime.
 Vagrancy Law.
 "A more efficient vagrancy law should be passed or the present one amended General Acts 19O3 p. PAD. The supreme court held in Vandver ys. state, 40 So. SS, that the burden is upon the state to prove that the defendant has no property or means to support him. Under this rul- ing of the court the state is required to prove a negative, which it cannot do. The burden of proof should be upon the de- fendant charged with vagrancy to es- tabllsh the nature, kind and amount of property, if any, he has from which he gains a support.
 Burglary in the night time should be punished as a capital felony. This recom- mendation has been made by at least one of my predecessors.
 "A state law should be passed prohibit ing the shipment of quail or other game from the state. Thousands of live birds have been shipped from this state to northern markets during the past several years
 T cannot close without expressing in some degree my appreciation of the faith full and efficient service rendered by my assistant, Thomas w. Martin, in the preparation of thls report as well as in the discharge of the duties of the at tcrney general. particularly during my recent illness. Respectfully submitted MASSEY WILSON