Arizona republican., 1913-02-09
FALT|N DIES
 ON APRIL l8
That is Unless There Should Be Intervention: Sentence Passed Upon the Mur- derer of Carl Peterson Yesterday Morning

William Faltin. the murderer of Carl Peterson on the morning of September last, was yesterday sen tencel by Judge Phillips of the Su- Ierior Court, to be hanged in the penitentiary 'on April IS. A com mittment was issued to the sheriff who will remove Faltin to the peni- tntiary today. In the afternoon Attorney r. C. Struckmeyer, one Of counsel for Faltin. prepared a pauper affidavit for his signature. preparu- | tory to taking an appeal to the Su- premc Court Nine thirty yesterday morning was the time set by the court for passing sentence upon Fal- tin. There was still pending the mo- ' ton for d new trial which had been argued at length by counsel for the defense. Judge Phillips took that up | when court was convened and over
 ruled 1t. In passing upon the motion ; the court read the following decision of the Oklahoma criminal court of appeals:
 l When defendant is clearly ! guilty this court will not reverse a l conviction upon technicality or eX- l ception which does not affect the l substantial rights of the defendant. This is the settled policy of this l court
 l In fact. we could not hold other wise without committing wilfuI, 1 wicked and deliberate perjury Our ! statutes expressly state that on ap- l peal this court must give judgment 1 without regard to technical errors or defects or exceptions which do not affect the substantial rights of 1 the parties. This is one of the 1 laws which we have sworn to en- force; and the lawyers of Oklahoma 1 must distinctly understand that we are going to follow this statute ex- plicitIy. both in its letter and in it's 1 spirit
 This statute meets with our entire approval. This we announced in the case of Byers V. Territory 1 Okl Go. 1 TOP, 100 Pac. 261 1O3 Pac. 532. We there said: If. upon appeal, the only question to be decided was as to whether or not any error had been 1 committed upon the trial of the case in the court below, without refer
 ence to the question of the guilt of the defendant, then the trial judge would be the real defendant, and would be upon trial on the appeal, and the guilt of the defendant would become immaterial Certainly no sane and impartial man should con-
 tend for doctrine which would be so subversive of justice. and which would result in such ruinous cOnse-
 oucnces to the enforcement of crm- =
 inal law. It would make our courts d mockery. a snare, and a delusion.
 Justice demands that in the admin istration of law it's processes should
 never be allowed to become a game
 of skill between contending counsel There has been entirely too much of this in the past. It has resulted in the miscarriage of justice in
 many cases and has bred a spirit of disgust for law and contempt for
 courts in the public mind. Reduced to it's last analysis. the doctrine contended for by counsel, if recog- . nized, would require this court tC , hold that, where evidence is admit . ted during a trial, and upon appea 2 it is held that such evidence was improperly admitted, reversal ot
 the conviction must follow. regard ,t less of the character of the evidence | l in the record, upon the ground that
 the prosecution having offered this 1 evidence as a part of it's case, it i!
 estopped from denying it's injuriou!
 effect It appears to us that thi:
 application of the doctrine of estop. | pei to the state is a technicalit!
 run mad and gone to seed"
 ocsx-i,, rsf hn Cnr II tence. For the first time since hi
 arrest the equanimity of Faltii u seemed to be disturbed. ThOugi smiling. he was evidently restless