Los Angeles herald., 1910-05-01
Leftover Work
of Legislature
of 1909. By HIcsSor" EsSSar"
V-The Simpli-
fication of the
Criminal Stat
uteS

only to such instructions as are given
to a jury, not to instructions which
are not presented to the jury.
(e) That the definition of reason
able doubt" should be that state of
the case which. after the entire COM
parison and consideration of all the
evidence in the case, leaves the minds
of the jurors in that condition that
they cannot say they feel an abiding
conviction to a moral certainty of the
truth of the charge"
There were other changes in the laws
relating to trial jurors and verdicts.
but the above is fair indication of
the whole. In none of the proposed
changes could The substantial rights
of the defendant be said to be en-
croached upon. But the proposed
laws did clear away q mass of tech
nicalities which have kept many
scamp out of Jail.
go The proposed amendments deal
ing with appeals in criminal cases
aimed at prompt Judgment and sem
tence after convict n, prompt appeal
and conclusion of the case. Bills of
exccpts were done away with and pro-
vision made for sending the entire
minutes of the case and the testimony
to the higher court. No appeal was
permitted on questions referring to
grand jury panels on the grand jury
nor on any error not affecting the de-
fendants substantial rights. Error in
an immaterial issue, or of not suffi-
cient importance to affect the sub
stantial rights of the defendant was
not to be deemed ground for reversal.
I'VE believe" said the committee
which drew the Commonwealth club
bills that what we have proposed is
in no way revolutionary and deprives
the accused person of no substantial
rights. The amendments proposed are
merely designed to make the present
law more effective, to relieve the courts
from the necessity of considering triv-
ial matters and to aid in determining
more promptly whether a person ac-
cused is innocent or guilty"
Such is the common-sense view of it.
But the machine element did not pro-
pose that the measures should be en-
acted into law.
The slxty-fve bills were introduced
in both senate and assembly being In
each case referred to the judiciary
committee. On the assembly side
siXty-three of the sixty-five bills never
got beyond the committee. They died
there. The two exceptions were re-
ported out of committee during the
last days of the session, too late for the
assembly to give them consideration.
The senate judiciary committee rec
ommenued III tne case o. Hlty-tWo VI
the bills that they be withdrawn. This
action was taken. OF the thirteen re-
naming. seven were never reported
back to the senate, FIVE were reported
back with recommendation that they
"do not pass one was reported back
with favorable recommendation. This
last died on the flies.
Thus ended the carefully considered
campaign for simplification of the
criminal statutes. Several of the Bar
association bills passed and were ap-
proved by the governor. But they by
no means dealt with the problem so
comprehensively as did the Common
wealth club bills. The absurd tech
nicalities of the criminal law are still
with us, the practical correction of
which is legacy handed down by the
legislature of 1909 to the legislature
of 1911.