The San Francisco call., 1908-03-11
BEDEVLING THE CRIMINAL JURISPRUDENCE OF
CALIFORNIA

EFORE considering the effect and bearing of the supreme court
decision in the Schmitz ipenent
- remark that the leading organs of the higher ups
ner and the Chronicle, appear be gift o.
prophecy The and purport of the
journals before handed by court approval
OF the the largest advance publicity
pie of foresight suggests an inspiration higher than
natural The people of California will heads
contemplation of modern miracle that differs those of an
older day in that dispensed support of criminal
With regard to the bearing and effect of the decision
serves that the Chronicle by introduction opinion
the court declares with apparent congratuaon chmz
thoroughly charge having unaflv
is the astonishing putaton This rogue whom
everybody the American continent engaged in black
mall by the fully and Mr. de Young
who should be authority backmai quite reoes
IN the Judgment 1t open the bystander speculate
whether the justices will be proud pleased
gusted with the company which they themselves with this
decision by way OF hattering introduction.
Travelling step farther road justices will
doubtless be surprised TO hear from the
affirmed in emphatic language severely criticised decision
OF the district of appeal
II that would put supreme court in most un
fortunate position The decision of the of appeal
moral of country and Justly So OF course the
did affirm judgment court of appeal in
that but decided the wholly different grounds coupled
with explicit condemnation the reasoning of the lower
which official blackma no crime We o,oe
from the supreme opinion:
keepers % sqs epoR H65 Tss or o not .sd the fact IT. be that the
good defense to good Indictment question foreign
opinion Of the district court q appea I that o5 y niom d IN
the refusal n @ g must a b t 5s use Of & unlawful & means n
wish to be understood approving them ~ W " ~ ~
1t mild and mannery rebuke court and might
easily have been made The to rescue the
highest court from the unfortunate position the ndiscre
and ignorant friends of the higher ups place an august
tribunal
The opinion OF the is work OF ar-the art OF
special pleading infinitely ado ingenious plea
than the bundeng confused opinion the district court of
appeal on the matter The supreme us an in
geniou exposition of enlightened communities
became dsedted and extinct quite half century The opn
ION OF the court survival Of Jurisprudence ago dis
carded in other oommonwas but still persistng plague and
obstruct moral progress in California
What then, this the supreme court? In two
parts OF the evidence instance navor and
had power to exert dure the licensing body all That
single Schiz goes free The merits Of the
absolutely untouched
Let proceed farther with this art and mystery
special pleading An Indictment says the court because
omts to important facts of logical inevitable
inference from this position indictment should be made
the form of lawyers hypothetical question running perhaps 10000
words or and Incorporating all the evidence acceptance
OF the rule laid down by the possible set
aside indictment whatever of little ingenuity
the discovery of omitted facts That is why we de-
clare the rule and abandoned in almost
every other jurisdiction
What the entitled to at the bar Of ms
tee: lie entitled to be informed with of the
for which he not entitled 70 FIJI, ax
position of the evidence The this instance left no
shadow OF doubt the minds of Schmtz LAWYERS as to the
of which he No right of the defend
invaded by the omission he was avor
or that he was guilty of exercising duress.
1t vicious practice, of crime sod
given the every intendment of law no ma
how strained fantastic The the receives
benefit of any doubts affecting Just In Cali;
almost alone the commonwealth criminal is given
further reinforcement OF all doubtful questions affecting the law
this fact this tendency OF the that has made California
Jurisprudence byword reproach urisnr
finds its highest expression Henry George
Collins These the logical children Of the supreme