The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1927-03-14
CRIMINAL LAWS
STRENGTHENED
BY 9 NEW BILLS
Uabitual Criminal Act. Auto
Anti-Thcft Law Among
More Important Ones

Nine bills intended to strengthen
the criminal laws of the state were
passed by the legislature at the sc,-
sion recently closed. according to a
check made BY Attorney General
George +. Shafcr.
Three Of these are regarded as OF
especial Importance. They are the
habitual criminal act. modelled after
the Baumcs law in New York; the
uniform motor vehicle anti-theft act,
passed with the emergency clause.
ana the law eliminating the double
headed affidavit of prejudice in erin
inal cases.
Other laws speed up appeals IN
criminal cases and clarity and amend
certain details of procedure.
Among these are the bill giving
the state the same number Of chal-
lenges as the defense in criminal
eases, the number depending on the
gravity of the offcnse; the bin
creating a contingent fund for state S
attorneys to be used in invest igating
criminal offenses: the bill providing
for joint trial Of persons charged
jointly with the same crime: the
bill requiring defendants in INSIDE
meanor eases to pay for transcripts
of testimony taken at preliminary
hearings unless they are unable to
do so. in which case the state will
bear the expense; the bill reducing
the time in which appeals to the
supreme court must be taken in
criminal eases and the bill requiring
clerks of district courts to certify
to the supreme courts records OF
appeal within 10 days after the ap-
peal is filed.
To Speed Up Appeals
The bill speeding up appeals and
that requiring clerks to certify rec
ords of appeal is expected 70 dc
much to clear court dockets of un-
completed cases. At present defend
ants have six months in which tt
serve notice of appeal but there is
no time limit for perfecting the APP
peal. Under the act, which will be
come effective July /. appeals to the
supreme court must be started with
in three months and must be com
p!eted within six months. An add
tional three months may be granted
by the district court but thereafter
all time extensions must be made
by the supreme court.
The law requiring court clerks t
certify the appeal to the supreme
court within 10 days after the appea
is taken, will enable the suprem,
court to check up on outstandin;
cases.
Cases Drag Indefinitely
At present attorneys get thci
clients released on bond and thel
80 t,a Il ia Of ka
f"sire to appeal. Having done tina
the case drags indefinitely and tn
orl Y way in which they can be force,
utstrict attorney to bring the cas-
into the district court again an
demand execution of judgment.
In some eases, Shafer said il ha
been two or three years before
case was ever brought to argnmcf
in he supreme court.
Under the new law the udgmen
will automatically become cffcctiv
unless the appeal is prosecuted wit
reasonable diligence The result, Ii
indicated, is expected to be the elm
ination Of appeals taken with "A vie
to delaying final disposition Of tn
case.
Elimination Of the practice Of Il
ing double hcaded" affidavits
prejudice is expected to material
reduce the cost Of criminal prosecl
tions. Under the present law sue
affidavits result in barring a juds
in a case and at the same time secu
ing a change OF venue. Many cast
have been dropped because Of Il
expense Of prosecuting them in
distant county.
In the future the supreme cou
will appoint a judge to sit in sur
cases and he will determine wheth
change Of venue is justified
necessary to insure the defendant
fair trial.
The new enactment, Shafer sal
will remove the incentive for fill
affidavits of prejudice against BIO
the Judge and the county,