Los Angeles herald., 1910-09-11
Judge Laor Points Quito City Club Needed 2eonsin Criminal Law

The accused has had his day in court.
The presumption of innocence and the
doctrine of reasonable doubt have
been followed throughout the hearing.
His day in court does not mean two
days or three days. The judgment of
a court of record, based on the verdict
of a jury, should not be disturbed on
appeal unless it can be clearly shown
that the defendant has not had his
day in court, according to the sub
stance of the law of the land.
APPELLATE JURISDICTION
1.-THE constitution should in definite
terms declare the rule of decision on
appeal in criminal cases. The courts
of appeal, created by the same con-
stitutiOn, would then be directly con-
trolled by it's terms in the affirmance
or reversal of judgments in criminal
cases, for the amendment would quail
.ify any other general provision of the
constitution, such as due process of
law. 1t has been pointed out that ap-
pellate jurisdiction in criminal cases
is limited to questions of law alone.
It was never intended that the ap-
pellate courts should pass upon the
merits of the charge, or that they
should exercise a general revisory au-
thority over the action of the trial
,
court and the jury are responsible TO
the law. The courts Of appeal are only
concerned with the determination or
the questions of law which may be
heard on appeal. The plain import of
the constitution in respect to appellate
jurisdiction in criminal cases is that
the appellate courts shall pass on the
legal questions presented by the rec
ord and to affirm the Judgment unless
the affirmance would tend to work a
miscarriage of justice.
"The rule of decisions that If error Is
shown injury will be presumed think
is repugnant to the judicial system or
this state in criminal cases on appeal
"The legislative policy on this sub
iect has been expressed. The legisla-
ture attempted to lay down the rule of
decision in civil cases in section 475
of the Code of Civil Procedure, which
reads
1.-THE court must, in every stage of
an action, disregard any error, I'M
proper ruling, instruction or defect in
the pleadings or proceedings which,
in the opinion of said court, does not
affect the substantial rights Of the
parties.
g No Judgment, decision or decree
shall be reversed or affected by reason
of any error, ruling, instruction or de-
feet, unless 1t shall appear from the
record that such error, ruling, instruc-
ton or defect was prejudicial, and also
that by reason of such error, ruling, in
struction or defect the said party
complaining or appealing sustained and
suffered substantial injury, and that
different result would have been prob
able If such error, ruling, instruction
or defect had not occurred or existed.
"'There shall be no presumption
that error is prejudicial, or that injury
was done If error is shown
AMENDMENT TESTED
'This amendment was tested in the
supreme court, and upon considera-
tions touching the rule that no person
shall be deprived of life, liberty or
property without due process of law,
it was constrained to disregard the
amendment This was not, however,
In a case of final Judgment.
'"The rule of appeal in criminal cases
is laid down in section 1858 Of the Penal
Code, which provides
"'After hearing the appeal, the court
must give Judgment without regard to
technical errors or defects, or to ex-
ceptions which do not affect the sub
stantial rights of the parties
1.-THE following amendment to that
section was proposed in the last legis-
lature, but it failed of passage: