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Train, Arthur Cheney, 1875-1945

"Courts and Criminals"

"
"I will prove to you in a moment, gentlemen," exclaimed he to
the jury, "how absurd is this charge against my innocent
client. Take the stand!"
The prisoner arose and walked to the witnesschair.
"Open your mouth!" shouted the lawyer.
The defendant did so. He had not a tooth in his head. The
delay had been advantageously employed.
The importance of mere delay to a guilty defendant cannot well
be overestimated. "You never can tell what may happen to
knock a case on the head." For this reason a sufficiently
paid and properly equipped counsel will run the whole gamut of
criminal procedure, and:
1. Demur to the indictment.,
2. Move for an inspection of the minutes of the proceedings
before the grand jury.
3. Move to dismiss the indictment for lack of sufficient
evidence before that body.
4. Move for a commission to take testimony.
5. Move for a change of venue.
6. Secure, where possible, a writ of habeas corpus and a stay
of proceedings from some federal judge on the ground that his
client is confined without due process of law.


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