CRIMINAL PROCEDURE.
On motion by Mr. GRAHAM, the bill [H. R. 367--see pages 225, 232, and 237] concerning procedure in criminal cases was taken up. By direction of the Lieutenant Governor, the Clerk read only such sections as are amended or as embrace new matter.
The Committee amendment to Section 4, proposing to strike out the words "counsel or advice," the perpetration of an offense in another State, being read-
Mr. HENRY opposed the amendment.
Mr. COMSTOCK favored its adoption.
The report was concurred in.
On motion of Mr. BROWN, the bill was ordered to be read section by section, the Committee amendments as they occur to be first considered.
On motion of Mr. BROWN, Section 12, declaring that "When a public offense has been committed on the boundary of two or more Counties, or so near the same that it is uncertain on which side thereof the offense was committed, the jurisdiction is in either County,' was stricken out.
Section 14, allowing jurisdiction over any public offense committed on railway trains in any county through which the train passes, was also stricken out, on recommendation of the Committee.
Mr. CHAPMAN moved to strike out Section 13, authorizing prosecutions for carrying game in violation of law.
Mr. BROWN moved to refer the section to a Committee with instructions to amend so as to apply to game killed in this State, etc.
This motion was agreed to, and the Lieutenant Governor made the Committee to consist of Messrs. Brown, Chapman and Wilson.
On motion by Mr. MENZIES, Section 23 was amended so as to require prosecutions for the desecration of the Sabbath to be commenced within six months after the commission of the offense, instead of one year, as the present law stands.
A Committee amendment to Section 31, reducing the time a fugitive from justice shall be retained in custody awaiting the arrival of an officer from another State or Territory, from six months to ninety days, was concurred in.
Sections 26, 27 and 28 were referred to a special Committee, viz., Messrs. Viehe, Brown and Chapman.
The word "substantially" was stricken out of Line 1, Section 37: where it occurs twice in Section 51; in Line 1, of Section 52: in Line 1, of Section 57; in Line 1, of Section 58.
Mr. VIEHE moved to strike out Section 37, embracing a simple form of complaint.
Mr. HENRY objected--many such complaints are filed by persons but little acquainted with the forms of law.
Mr. URMSTON favored the motion to strike out. The results from following forms have frequently been productive of trouble, and many cases have failed in consequence.
Mr. GRUBBS opposed the motion to strike out.
Mr. WILSON gave considerations in favor of the motion.
Mr. BROWN cited authorities to sustain his position that this section was useless. The Legislature for twenty-five years has left it to the pettifogger or Justice of the Peace to define the form of complaint for sureties of the peace.
The motion to strike out was rejected.
On motion by Mr. BROWN, the word "substantially" in the first line of Section 37 was stricken out.
On motion by Mr. HENRY, Section 46, requiring Trustees to notify the Prosecuting Attorney to appear in all cases of surety of the peace, was stricken out.
Mr. MENZIES moved to strike out Section 60, requiring Justices to give the defendant an opportunity to employ counsel.
The motion was agreed to.
Mr. GRAHAM moved to amend Section 61, so it shall be optional with Justices to recognize witnesses in the same manner as criminals.
Mr. CHAPMAN opposed this motion. Witnesses may be neighbors to the Justice, and unless the law is imperative the people may suffer.
The motion to amend was rejected.
Mr. W1LSON moved to strike from the same section the clause requiring witnesses to be recognized for their appearance at the Circuit or other Courts.
Mr. MENZIES could see no harm from allowng the section to stand as is.
The amendment was rejected.
On motion by Mr. GRUBBS, the House amendments to Mr. Kahlo's Cass County Circuit Court bill [S. 366] were concurred in.
