Year: 1874




On motion, the bill was taken up by
sections The first, second and third
sections were agreed to. A number of
amendments we're offered t. the fourth
proposition, which amendments were
generally objected to by 8 number of the
members of the convention, on the
ground that they would be too much Of
an innovation on the present system.
Some of the members objected TO any
proposition looking to dispersion of
juTies in criminal cases, on the ground
that an opportunity will thereby be fur
nished unprincipled men to prejudice
the minds Of jurymen. The proposition
offered by the committee wss finally
adopted. ls JG


The fifth proposition was adopted
without debate, as were also the sixth
and seventh.


The eighth was amended as follows,
on motion OF Judge Fite: "Where the
costs have to be paid by the State or
county, the sheriff shall only have the
fee now allowed by law"


The ninth proposition, in reference to
cases brought before justices of the peace,
elected considerable discussion, several
members of the convention saying that
sufficient attention has not been given
to the frauds prscticed upon the State in
many instances, by allowing justices OF
the peace to tax the State with costs in
cases brought before them.


Judge Guild said that the expense to
the State connected with some magis-
trates' courts would be sufficient to run
full circuit court.


Judge Frazier offered the following in
lieu Of the ninth proposition:


I'm no case where a prosecution is
commenced before justice Of the peace
and the defendant acquitted, shall the
State be taxed with the costs"


The amendment in lieu was rejected
and the proposition recommended by
the COMMITTEES was adopted.


The tenth proposition was adopted.


Attorney General Frazier objected to
the eleventh proposition, that 1t might
do the defendant injustice, from the fact
of his counsel being unable to follow the
case where an appeal is to be tried by the
supreme court, wherever it might be sit
ting at the time.


Judge Hickerson moved that the
entire eleventh proposition be stricken
out. Agreed to.


Attorney General Heiskell then Of
fered the following IS asubstitute for the
eleventh proposition.


The Appearance Of the defendant in
criminal cases in the supreme court
ought to be dispensed with where he is
in prison, or the attorney-generRl valves
his appearance.


! The substitute was rejected. sH-


Judge Hickerson offered the following
as q substitute for the eleventh PROPOSE
ton:


That if a party shall be convicted in
any of the inferior courts of any crime
or misdemeanor during the sitting of
the supreme-court in either of the grand
divisions of the State, then the appeal
shall be to the court then sitting in such
division.


The substitute was accepted.


The twelfth proposition was agreed to,
and the report, as whole, then adopted.
Attorney General Wright offered the
following as an additional proposition,
but action upon it was deferred for the
present:


That in cases, whether felony or mis-
demeRnor, where the defendant has
been convicted by jury, and Judgment
pronounced thereon by the circuit OF
criminal coIU the operation of said
Judgment shr not be supended by ap-
peal to the supreme court, unless by or
der Of - judges of supreme court upon
certificate by them that there Is sub
stantial error in the record of said case.


AN ADDRESS.


Judge Fite offered the following,
which was adopted:


ReSOlred, That before the adjourn
ment of this convention, the chairman
appoint committee of three members
to prepare for publication an address to
the people of the State, embodying the
amendments to the criminal laws Of the
State proposed and recommended by
this convention.


Adjourned lat quarter to six until
nine tomorrow morning.