The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1925-09-09

dTE'. ~, ~. NFpL. v--NVj 800
Changes in North nakota's criminal
law statutes as made by the last leg,
islaturc were outlined here today h!
Attorney General George Shafcr i,
an address to members Of the state
bar association.
The changes were made. he said
| as the result Of recommendations 10y
the states attorneys Of various couu.
ties at meeting in Bismarck last
! January. Other suggestions by The
attorneys were re- cctcd by the house
judiciary committee and failed Of Gu
actment into Law.
Doubt as to the right Of persons
! accused Of murder to & i've bail was
removed by one statute, Shafcr said
| The question arose because Of tho
! abolition Of capital punishment, a
the old law, repealed at the last
| session. permitted :s'ving Of ba;'
for all except capital oiTcn$c3.
Clarity Statute
The statute Of limitations wa
clarified to meet cases where proplt
fled from the state. after committinp
Il crime to provide that the statute
Of limitations shall operate oni!
when the accused person resides
within tn" state. Under this law !:
man who flGPs from the state wo"h
not be permitted to return without
, fear Of prosecution after mum
Der of>sears because of tho statue OF
limitations. 50
| Reduction Of the time in which al
appeal may be taken from the iudg
! ment of Il lower court in criminal
cases from one year TO six months
will have the effect Of speeding uI
| tho administration Of justice in such
eases, Shafcr said. Hc rccomme nded
i some changes in the law to require
more speedy ccrtification to higher
courts the records Of criminal cases
| in which appeals are taken.
Changes in the law providing pen.
alties for persons convicted Of grand
, larceny made the statutes covering
that crime more elastic in accordance
with the ideas of the states attor.
| neyS, Shafer said, the minimum per.
nalty being reduced from one year
to three months and the maximum
from five years to 10 years.
special penalty for stealing poultry
or livestock, however. makes the
minimum for that oTcnSc six months
in Jail and the maximum five years
in the pcnitcntary.
..,,, Reduce Penalty 49,.
The penalty for the commission Of
q crime while armed with a gun was
50 severe, Shafer said, that many
district judges refused to impose il
and the Legislature amended the sta
tutc to eliminate the provision thai
such crimes should be punished Ey {:
| pcnitcntiary term Of not less than II
years to provide that n maximum OF
10 years might be added to the or
binary penalty for the crime.
Possession Of alcohol intended fol-
use for beverage purposes now is ;
crime, Shafer pointed out, as the re
suit of change in the state pro
! hibitiOn law. States attorneys fount
that many connections were used 70!
beverage purposes which were not iii
+" drink by the widest stretch Of the
imagination, he said. "In othe
! words, the law as now constituted
does not place n premium on the
manufacture and sale Of poisonous
liquor, because il is so bad that il
may he deemed unfit for human con
sumption by chemical experts" Shat
! or said.
BEING drunk in public place is
more serious now than formerly, tht
penalty having been increased from
"a fine Of from S. to $25 to include :
maximum fine of $50 aud 80 days j,
Jail, or both.
- Change Slowly
Although the changes, made ar
not very far-reaching or insportan
they are improvements over the oil,
law and it ma be as well TO max,
needed changes slowly, Shafer said
He recommended that the Bar As
&ociation endorse a change in the Law
to prohibit the filing of double
barrclcG" afrdavits Of prejudice i,
order to obtain a change of venue
from both the presiding judge ant
the county in which the trial i:
scheduled. The result Of the present
law is delay Of justice and in some
cases willful perjury, he explained
He would change the law to provide
that such affidavits Of prejudice
must be filed against the presidin,
Judge and county separately and The
jurist who succeeds the disqualifict
Judge should hear the case involving
alleged prejudice by the county.
Another bill which failed to pass
he said, would have eliminated the
necessity for reducing to writing nj
testimony offered at preliminar,
hearings Of both misdemeanor ant
felony cases, making it apply onl!
to felonies. Objections to the pre-
sent law was that it is unneccssaril,
expensive, Shafcr said.
! Alter Procedure
a bin designed to create q proce
dure whereby states attorneys coult
subpoena and examine a witness be
fore magistrate for the purpose
of determining whether or not there