White Bluffs spokesman. [volume] (White Bluffs, Wash.) 1907-1938, 1925-08-21
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vict himself refuses to take the stand.
and this cannot be commented on by
Prosecuting Attorneys, it seems that
it is the litiginate right of the state
to comment to the jury of the defend
ants failure to take the stand as
witness.
1t is proposed that the procedure
be changed so as to require the de-
PENDANT to take exception to the in
structlons of the Court Immediately
upon the retirement of the jury and
previous to their reaching verdict,
under this proposed plan if the court
can Immediately be convinced that it
has errored in it's instructions, it can
change the instructions and call the
jury back, while by the present jury
there is no opportunity to correct the
error without going to the supreme
court and trying the case all over.
1t is also proposed to require the de-
PENDANT to file his motion for new
trial within two days after the verdict.
This is for the purpose of speeding
up the disposition of criminal cases,
and securing prompt sentence fol-
lowing the verdict of guilty 1t is
furtfs4 proposed to permit the trial
court to grant new trial upon the
grounds which now exist, only when
it appears affirmatively that substan-
tial right of the defendant was effect
ed or that he. has been illegally or un-
justly convicted. This would do away
with the present procedure, which
permits a defendant a new trial upon
technicality which does not effec,
the business of the case, and ever
though he is plainly guilty under the
evidence.
1t is further proposed that legis1a.
ton be enacted whereby motions ir
arrest of Judgment can be made only
at the time of the return of the YER
dict and en- account of the jurisdiction
OF the court, or the failure of the in
formation to state facts constituting
a crime, and where the grounds hav,
been preserved by a demurrer pre-
viously entered.
1t is further proposed to give tn,
state the right OF appeal from the set
ting aside of an Indictment or irforma
ton, or the sustaining of demurre
thereto, an order a:4resting judgnen
on any grounds, an order granting
new trial, and any order which in eff
feet abates or determines the action
provided only that in no case shall
the state have the right to an appea
where the defendant has been acquit
ted bv a jury.
1t is furthe- pronosed that A genera
statute be enacted prescribing thu
penalty by fine, which would apply
TO corporation when the same ha.
been found guilty of crime. for which
no penalty has been fixed by a fin.
and fixing the maximum penalty al
$4,000 in case of felony, $1,000
in case Of gross rnisdemeanor ane
$4,000, in case of nisdemeanor, I'M
der the existing law CORPORATION may
he convicted of grand 1arcenv az al
instant case. but the nenalty is fixee
at imprisonment in the penitentiary
which cannot be enforced Of cor
poration. hence it is proposed that ir
such case the corporation nav {
heavv fine - lieu of the nenitentiary
sentence which an individual would
have TO serve.
il is proposed that the present in
sanity law he changed So that thu
state Of Washington would be respon
sib1e for the care and maintenance o.
raupers who are insane, and not dan
''SiO'N w IL ~ ldt lDStCdO w
ing the individual counties liable 70,
the maintenance &C ;s TIE csne under
the rvesent law. This will relieve tn,
various eoi,rties of considerable ex
p>,er ard place the same on the Stat
Of Washington, where it properly be
logs.
1t is proposed that the present di
vorce law be changed so that mar
riage may be annulled upon prope
grounds without the necessity of tn
persons residing in the state one year
under the present law, if man hav
irg one wife should marry another
the second wife could not have he
marriage annulled until she has beef
resident of the State for one year
1t is proposed that general act b.
passed by the legislature whereby tn
title to all property previously acquir
ed hy the various counties unde
foreclosure OF delinquent taxes b.
Quoted and any defects be remedied
and that further Legislation be en-
acted whereby the county NAV acquir,
good and merchaptab'e title to tn
--~-e-'v ACQUIRED under foreclosure o
delinquent taxes.