The San Francisco call., 1908-03-29
NOT THE LAW BUT THE JUDGES AT FAULT WITH
REGARD TO TECHNICALITIES

THE appears general the large judging
from of the press that the decisions OF the
appellate in the Schmz find their at
least their in the technicales of the law To make
the actual of the law clearly apparent let
that the belief we'll founded and that the nemen OF the law
tend to defeat justice and protect criminals.
If remedy should be proposed provision in this form might
be regarded likely o the purpose in view:
Of the def0dan " npon it's merits 3 nO 70 ''e
champions of public morality,
having of might still be uneasy,
make douby might passage of
this additional safeguard against microscopic hair pitters
p 3 & g % % Or p ae ne ny Ds % d Or stan 5h tended to
prejudice in respect to substantial right
Surely any would say with such laws these enacted
that echnca could find roong place in California and that
the Judge failed duty ignored
But let that these provisions would not dss
pate all fears that would be administered broad
practical lines for the protection of the people
against let that avoid all possibility of
apprehension of the peoples will that encaty shall foster
direct command appellate inserted the
follows:
@ E
which do affect the substantial of
Would ridiculous any should then
appellate decision which blocked the of crime
wholly due due all to the technicaites of the law?
Yet the have ideal and theoretical
laws for the consideration of future legislature THEY
HAVE STOOD UPON THE PAGES OF THE PENAL CODE
OF CALIFORNIA FOR SCORES OF YEARS. The first is
on 90 the second section 140 the third 1858 the penal
code Nor these the only intended suppress
na criminal procedure Section of the same code provides
ing the fair import of their WITH VIEW TO EFFECT
ITS OBJECT AND TO PROMOTE JUSTICE, section o57
provides that charges according
common acceptance ordinary language
The responsibility for technical decision upon
the law The fault lies Interpretation
the law Above all rests in the disregard of the by
courts ignoring the which clearly eliminate
ehnemens from criminal system The
and ready hand and of intelligent
boy colate Let him look the sections
code citations 1T will be found that there periods
legal history where these sections popular frequently
toned and will be found that these law
being practically administered and crime having time
The OF anances high
Again there long periods when these never
mentioned Perhaps will
judgments without the aid of these that no
conviction should be aside which can
fary apply 1t clear that they supply reason
or rather command for the armance of which but for
them would necessarily be reversed the duty
OF an appellate court reversing judgment these
sections do not afrmance found that when
these sections seldom are technical and the
setting aside of convictions frequent
The reign of techncaIy criminal procedure tte tr;
OF crime and the of criminal any time
be measured by the which sections are used and
made ignored and de6ed
No unbiased mind the that tec,nica
reversal OF Judgment OF conviction chargabe the
feet state of law OF criminal procedure to defiance on e
OF appellate judges of the clear provisions Of r
code eliminating technicaities.
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