Evening star. [volume] (Washington, D.C.) 1854-1972, 1927-01-30
STORE ROBBERIES HERE Barred
AS WORK OF MASTER CROOKS
Underworld Figures Driven From New
York by Baumes Laws Believed Oper-
ating in Capital Under Trained Chief

laws. which automatically prescribe
| imprisonment for life upon the fourth
conviction for criminal offense.
! Maj. Hesse said that. while he felt
something should he done to curb the
habittal criminal, such laws probably
would be too drastic and likely to
work too many injustices.
The rights of society must be pro-
tected." he said. land at the same time
| the rights of the accused man. 1t is a
very complicated question and the
| more you think of it the more compli-
| Gated it becomes.
Gordon Questions Value.
United States Attorney Peyton Cor
don also feels that the Baumes law
would be of questionable value here
where the code Is somewhat different
from that in New York State.
Most of the 'repeaters" whose cases
come before his office, he said, are not
desperate criminals. but petty thieves.
Under the present District code such a
charge as housebreaking has been ex-
panded SO that 1t makes felony out
of thefts which formerly would have
been petty larceny, disposed OF by the
Police Court. The records show, he
said, that few prisoners who are pa
rolled ever give the slightest cause for
sending them back to prison.
Mr.. Gordon also explained the policy
of his Office in accepting pleas for first
degree murder, second degree murder
and mansla lighter. There are subtle
distinctions in the District code. he
said, which often make II advisable to
allow a plea OF second degree murder
in case the circumstances are such as
to indicate to some not familiar with
-
trial.
Under the common law. Mr.. Gordon
said. murder is unlawful killing with
malice aforethought."
What District Code Holds.
The District code has split this def.
milton and holds as follows:
First-degree murder is "purposely
and deliberately killing with premedi-
tation and malice aforethought."
Second-degree murder is killing
with malice aforethought.''
Otherwise the case is one of man
slaughter.
Almost any intentional killing, Mr..
Gordon explained. is with malice
aforethought," even if the afore-
thought Is only for a fraction of a
second before the actual crime. But
the District code seeks to make neces-
sary proof that the generalization and
iforethought were more than technical
IN order to secure a first degree verdict
which carries the death penalty
Simple generalization and malice
aforethought" is easier to prove in
order to get second-degree verdict,
which carries from 20 years to life
The difference between the two ver-
diets. Mr.. Gordon said, is that one
carries the death penalty and the
other doesn't, but juries are very
loath to deliver a man to the gallows
unless the circumstances are particu-
larry revolving. Therefore, a first de.
gree case Is very likely to end in an
acquittak although the guilt may be
reasonably proved
Even IL a de:th penalty is gained
Mr.. Gordon said. 1t may not mean
much. The criminal has so many
legal loopholes in the-.way of appeals.
errors. ETC., that the execution, If II
ever takes place, will be delayed four
or five years. Second degree verdic.s &.
on the other hand, result in certain
and severe punishment. and juries
have no qualms about giving them.