The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1925-01-29
CHANGES ASKED
IN PENAL CODE
BY ATTORNEYS
CONTINUED from page one.)

and the states attorneys would make
it legal.
Fourth: Although capital punish
ment is abolished, the statute still
carries the word and description
"capital crime" and the attorneys
would have this description changed
to homicide. In this connection due
to the abolition of capital punish
mcnt there is a question raised as
to whether a justice of the peace
could admit an accused to bail. The
statute would be amended SO that
trict court judge shall be permitted
! discretion as to admission to bail.
Fifth: Would amend statutes to
make mandatory the procedure of
civil code in appeals to the supreme
court.
Sixth: Would require an appeal
in criminal cases must be filed with
in six months after decision in lower
court, instead of within year. as
at present. This would obviate pre-
sent conditions where with long de-
lays witnesses disappear and the APP
peal is won by default.
Greater Discretion
Seventh: Recommend that judges
have greater discretion in imposing
sentences for carrying concealed
weapons than under present "nation-
al revolver act'' passed in 1923.
Eight: More elastic provisions in
penalty for intoxication in public
places. Enable court to impose Jail
! sentence on repeaters.
Nine: Would abolish right Of de-
PENDANT in anything but felony cases
to demand that full transcript OF
testimony be taken.
Ten: Recommend that penalty in
grand larceny cases be reduced to !
months in jail-and not more than 10
years. Claimed that present law
making minimum sentence mandator-
lily one year in prison, works injus-
tice and sends many youths guilty of
minor thefts, but involving items
worth more than $40, to the peniten-
tiary.
Eleven: Recommend that conspir-
acy statute be amended SO that con-
, spiracy to commit misdemeanOr
shall be a misdemeanor and conspir-
acy to commit felony, felony. I'm
der present law any conspiracy is q
misdemeanor.
To Amend Statute
Twelve: Recommend that the sta
tutc of limitations be amended so as
to permit the filing of an informa-
tion whenever a defendant is a fugi.
tive from justice regardless OF
whether or not the information is
required to obtain requisition fol
extradition. Also recommended thai
the statute of limitations be amend
ed to provide that the time during
which the defendant is out of the
state shall not be part Of the limi
tation period, whether he was within
or without the state when the Of
Tense was committed.
Thirteen: Asks that justice of The
peace or police magistrate may try ;
large number of misdemeanor cases
which now can be heard only by F;
district court or court Of increased
jurisdiction. This would often save
the expense of jury trials. The pen
atty in a large number of petty mis-
tutes as misdcmeanor without
specifically fixing the penalty. II
such cases Il police magistrate OF
justice of the peace has no jurisdic
ton although the penalty that may
be imposed may be only one day ir
Jail or fine Of $1.OO.
Fourteen: Asking that motor We
vide for system Of registration
especially transferred ownership
similar to the system in vogue il
Iowa, Michigan, Wis.,. and Mimi
Needed as aid to check, theft of cars
Compulsory School Law
Fifteen: Ask that compulsOr!
school attendance law be amended Sc
= that children Of school age may bt
excused from attendance by tn
county superintendent upon recon
mendation Of the school board. Pre-
sent law puts burden of excuses or
the states attorney that official be.
ing wholly unfamiliar with merits OF
the case or schc0d coalitions. 'f -
Sixteen: Ask lth It ,srpii transpor
tation law be amended rs to provide
for same compensation for equa
distance Of travel regardless Of class
of school. Present statutes set VI
different compcnsations in cases Of
common, consolidated and specia
district schools.
Seventeen: Recommending law re-
Hating to worthless checks be repeal
ed for reason that under present sys'
tenn states attorneys Office Is mad.
a collection agency" n - =
The legislative committee will put
all these Recommendation in tn,
form of bills for Introduction some
Etime the latter part of this week
! The conference will close late thii
; afternoon.