What is an appeal?--This procedure seems cumbrous, but it
is founded in common sense. What one of the foregoing steps, for
example, would you omit? Why?
18. Give an outline of the procedure in a criminal action that is tried
with a jury in a higher court. The action is begun in a lower court
where the first five stages are the same as in number 17. Then follow
(6) the examination of witnesses, (7) the binding over of the accused to
appear before the higher court for trial, (8) the sending of the
complaint and the proceedings thereon to the district or county
attorney, (9) the indictment, (10) the action of the grand jury upon the
indictment, (11) the challenging of jurors before the trial, (12) the
arraignment, (13) the plea, (14) the testimony, (15) the arguments, (16)
the charge to the jury, (17) the verdict, and (18) the sentence, with
its penalty and the enforcement of it. What are "exceptions?"--Why
should there be a jury in the higher court when there is none in the
lower? What is the objection to dispensing with any one of the foregoing
steps? Does this machinery make it difficult to punish crime? Why should
an accused person receive so much consideration?
19.
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