The sun. [volume] (New York [N.Y.]) 1833-1916, 1910-11-08
The Appeal IN the Crippen Case

The Crippen case N the most inter
esting and important conviction which
has been reviewed by the new Court ot
Criminal Appeal in England The faa-
ture Of the hearing which will seem most
noteworthy tn American lawyers ia the
prompsitude with which the decision
was rendered. We doubt whether there
ia u case on record in this country where
an appeal involving life and death has
been decided by the Appellate Judges
on the spnt without leaving the bench
OF course the disposition If capital
case in this manner. without taking
more time for consideration. is tO I've
tolerated only where there is absolute
and well founded confidence in the abil-
! ity IF the members Of the court 81 appeal
and in their capacity TO decide correctly
Immediately upon the presentation Of
tho points OF counsel This implies not
only complete acquaintance with the
principles IL criminal law and evidence
and the rules Of criminal procedure hut
a readiness in APPLYING them 10 the case
in hand which not every good judy.
Possesses. A lawyer NAV he an ex-
crllent Chancrrv Judge. for example.
capable Of the host judicial work in
equity fuses where he has ample time
for delibrration. and vet bc wholly I'M
III for such task IA was performed nv
the Court Of Criminal Appeal in the
Crippen case on Saturday
The Court of Criminal Appeal vas
established by an net ri Parliament
passed in 1877 as the result Of an agi-
tation in favor of the creation Of such a
tribunal which began a. long ago rs
lsss. Between that year and 1915 no
less than twcnty-eight bills on the sub
jet were introduced in Parliament. and
although many OF these measures were
supported by eminent Judges and Leaders
Of tho bar and some of them were sane
toned by the Government in power. they
all failed n enactment The freu,i.nr
occurrence, however. of criminal CON
victions which popular sentiment Sis
pected IN be unjust steadily helped on
the movement in favor Of establishing
some system Of judicial review. and this
was created by the statute known a. m.
criminal appeal act. 1917
IL provides for the Co,ir, NJ Grim nal
Appeal. to consist ~ tho Lord Chief Ius-
tice n England and eight Judges Of the
King Bench Division Of the High Court
81 Justice. To be designated nv the Lord
Chief Justice with the consent Of the
Lord Chancellor for such period rs he
thinks desirable. An appeal NAV he
heard by any uneven number If the
Judges not less than three and misr I've
argued in London unless the Lord Chief
Justice directs that the court sit else
whore. As constituted to hear the
Crippen appeal the cour, consisted of
Justices DARLING. CHANNEL and Pick
FoRD. Two n these Judges had exper-
ience in thu trial ~ criminal case- before
their appointment To the King Bench.
Mr.. Justicc CHANNEL had been Recorder
of Rochester and Mr.. Justice PICKroRp
Recorder 81 Liverpool. Mr.. Justice
DARLING ia distinguished for his attain
ments in literature ar well m in the law
being the author 81 several volumes ~
essays and a book 81 verse. He has
been a member 81 thr High Court sine.
1897
In the opinion q American lawyers
the most substantial! point presented bv
tho appeal In the Cr,pyen caas r.lat.si
10 the alleged insufgciency Of Oh. evi-
dence relied upon a. establish n. death
Of Mrs. CRIPPES This Is technically
known AZ proof Of tho corpus de!Icti.
In the State Of New FORK we tay. a
statute which expressly requires d!r.c,
proof n the death Of the person ALLEGED
10 have been killed Section ,o.I ~
tho Penal Law provides:
No person can be convicted NJ r,urr., ..
rnansisushter unless the death - IN. r.y.o, =,
legged 90 have been killed and The fact n, k,l,,,,
BIZ the defendant - alleged are zach ,st,h
nsned % independeB, facts the former ny di-.,,
proof and the iat'sr beyond rea sonabl. doubt
In this State. therefore. c,rcum.,a,-
tial evidence will NOT suffice ~ pronf .,
death. Although there il no s,a,u,s
on the subject in England m. general
rriie there also s IN require that rho
death n the victim shall bo e<,abIisbed |
b. direct proof. but there the rule ia