Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1917-01-02
RETIRING ATTORNEY GENERAL
APPEALS FOR ACTION ON
RECOMMENDATIONS.
WRITES TO JUDGES AND
COUNTY PROSECUTORS
Urges Amendments So That Cases
Would Not Be Reversed on Mere
Technicaiities Where Guilt Is Fully
Proven-Too Many Criminal Cases
Reversed. -,

Des Moines, Jan. lin order to get
better results in the handling of criml-
nal cases in Iowa in the future, Attor-
ney General George Cosson yesterday
his last day of office-sent to county
attorneys of the state, letters urging
them to get behind the reforms III
court procedure in his annual report.
Cosson also sent letters to all or
the district judges of the state, calling
attention to tbs fact that many cfimi-
naIs in Iowa are being turned loose
by the courts on technicalitieH
Il feel thar if the suggestions made
to the governor and the Legislature in
the biennial report and the suggestions
to the county attorneys, are followed,
we may look for much Improvement
during the next two years and that
Iowa will be found in the forefrons
rather than the rear of the procession,
said Cosson.
The letters to the county attorneys
contain citation OF cases in wh.ch are
shown forms of indictment for almost
every criminal offense in Iowa, with
eXplana tons showing where the indict-
ment has been sustained or held in
valid or criticized by the courts.
The letter in part says:
Many Criminal Gases Reversed.
wv lille we nave made pi ogress OF
very great import in penal reform,
nevertheless, more criminal cases have
been reversed duling the past two
years than at any time during the last
twenty years.
In the bound volume of my report,
which viii be ready fol distribution in
a short time, l have set forth table
of criminal cases submitted during the
past two years, the date and method OF
disposition and the name Of the judge
writing the opinion.
1T will readily be admitted that
some of these cases should have been
reversed, in that the substantial rights
Of the defendant had been prejudiced
in the method of trial, but in number
Of them the guilt of the defendant
from the whole record was SO clear
that no reasonable mind could have
any doubt thereof. .'
Such cases ought not to have been
reversed. 81. De-.
In the event that the supreme court
feels that the verdict for the higher
,offense can not stand, but the evidence
shows the defendant clearly guilty Of
an included offense, the rule in the
Baker case should prevail. Estate rs.
Baker, 157 Iowa, 1863
New Legislation Needed. -..
But inasmuch as the court rejected
the extension of the application OF this
principle in the case 5of 5O'Donnell,
Estate VS.. O'Donnell, 157 n. w. S70,)
undoubtedly we should have legislation
along this line and we should have =
law similar to that Of Wisconsin and
the other states referred to in my re-
port>>to the end that criminal cases
shall not be reversed upon mere tech
nicalitieS.
81 trust that you will read the report
carefully and write your representative
and senator, urging the passage Of 4
law in accord with as many Of these
recommendations as seem to you desir-
able and necessary.
Justice the Motive. ,
while l do not hesitate to frankly
state that cases are now being reversed
which ought not to be reversed, yet we
must take our full share of the re-
sponsibility.
"As prosecuting officers. we must
ever bear in mind that we are not
commissioned by the people to see how
many cases we can win, but We are
commissioned as officers Of the law to
aid in establishing justice. This means
that the guilty must be punished with
out fear or favor but the innocent must
be protected" ~