Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1914-02-27
THE CRIMINAL CODE.
Solicitors Want II Changed in lmpor.
tant Particulars.


Acting upon the request Of Attor-
ney General Peoples, several solicitors
have made recommendations for GER
tain changes in the laws. These re-
commentators are contained in the
annual report of the attorney general
which was sent to the general as
sembly late in the session. No ac-
ton will be taken this year.
Solicitor Gunter says: THE most
important amendment 1 can suggest
to our criminal code is to change the
number of challenges of the defend
ant from 20 to 10 where there are
more than one defendant. There Is
no reason whatever that the defend
ant have 20 challenges and the state
only five. 1t permits lawyers to
stand aside all good, substantial men
when they think their case might be
imperiled."
Solicitor Zimmerman says: THE
first matter to which l desire to di-
rect your attention is the punishment
provided for burglary and house
breaking, which are to be found in
sections 1T and 17S respectively. II
will be noted that the minimum
punishment for burglary is five years
and the maximum punishment for
housebreaking is one year. An ex-
perience of nine years as solicitor has
led me to the conclusion that the min
imum punishment for burglary is toe
great and the maximum punishment
for housebreaking is too small. The
fact is / have numerous cases to
handle of both kinds and have seen
cases of housebreaking that deserved
greater punishment than other cases
of burglary.
II respectfully suggest, therefore,
that you recommend to the general
assembly in your report the propriety
Of reducing the minimum punishment
for burglary from five to at least two
years, and the increasing Of the max
imum punishment for housebreaking
from one to at least two years.
1.-The second matter to which l de-
sire to call your attention Is to the
law of perjury l think this law
should be amended or changed so that
the allegation and proof of two di-
rectly contradictory statements, will
fully and knowingly made under oath
before an officer authorized to receive
same, and, in a matter wherein the
oath is required by law, should be suf-
ficient allegation and proof to sustain
conviction Of perjury. l make this
suggestion for the reason that, In
criminal cases, l have had two diff
ferent statements made under oath
by witness, and while I knew that al
least one of them was untrue, j could
not, for the life of me, determine
which one Under the law, as 1t now
stands it is essential that you allege
and prove a particular statement to
be untrue. You can readily see, that
if there are two contradictory state
ments, how jury could reasonably
entertain a substantial doubt as to
the untruth of one or the other. In
other words. they would be unable to
pick out the untrue statement, al
though they would know that one OF
the other was necessarily false. The
amendment that 1 have suggested
above will, believe, remedy the de-
feet to which your attention has been
called. l should be pleased to have
you bring this matter to the attention
of the general assembly,
Solicitor Hill says: First, would
suggest that law for carrying and
sale Of unlawful weapons, in section
157 Of the criminal code, 1912, be
amended with reference to the penalty
thereof, by changing the punishment
to a sentence on county chaingang
not less than one year or more than
five and without the alternate of a
fine.
Second, also, amending section 15S
with reference to carrying concealed
weapons, by changing punishment to
not less than one year nor more than
five on county chaingang, and with
out the alternate of fine.
Third, and, section 405, with ref
erence to the sale Of cocaine, be SC
amended as to change the penalty In
said section by making the punish
ment not less than one year nor more
than five, and without the alternate
Of a fine; any one violating this Sec
ton be sentenced on county chain
gang.
IF such amendments are passed by
the legislature, I think it will be a
prevention for violation Of said stat
utes, and ultimately prevent graver
crimes being committed"