He has thought about this for
weeks and perhaps for months. In his dreams he has formulated
syllogisms and delivered them to imaginary yet obstinate
talesman. He has glanced through many volumes for similes and
quotations of pertinency. He has tried various arguments on
his friends until he knows just how, if he succeeds in proving
certain facts and the defence expected is interposed, he is
going to convince the twelve jurors that the defendant is
guilty and, perhaps, win an everlasting reputation as an
orator himself.
This superficial sketch of how an important criminal case is
got ready for trial would be incomplete without some further
reference to something which has been briefly hinted at
before--preparation upon its purely legal aspect. This may
well demand almost as much labor as that required in amassing
the evidence. Yet a careful and painstaking investigation of
the law governing every aspect of the case is indispensable to
success. The prosecutor with a perfectly clear case may see
the defendant walk out of court a free man, simply because he
has neglected to acquaint himself with the various points of
law which may arise in the course of the trial, and the lawyer
for an accused may find his client convicted upon a charge to
which he has a perfectly good legal defence, for the same
reason.
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