One of the most important of the provisions regarding trial jurors was
that the reading of mere newspaper reports of a case should not
disqualify a trial juror, unless it were shown that the newspaper
article purported to be a true copy of the official testimony.

The fact that under the present law the term "reasonable doubt" is not
given legal definition paves the way for frequent miscarriages of
justice. The Judge is required to define the term for the jury. The
defendant may take exception to the definition, thus paving the way for
technical defense in the upper Courts. The Commonwealth Club bills
defined "reasonable doubt" to be, "that state of the case which, after
the entire comparison and consideration of all the evidence in the
cause, leaves the minds of the jurors in that condition that they cannot
say they feel an abiding conviction to a moral certainty of the truth of
the charge."

Amendments were also proposed to the law governing instructions to
juries. Under the present rule, each side presents a long list of
instructions for the Judge to give to the jury. If the Judge refuse to
give the instructions as requested, objections to his refusal can be
taken and made basis for a technical defense[73a]. Under the proposed
amendments objection could be made only to such instructions as were
given, not to those which were not presented to the jury.

In none of those proposed amendments could the substantial rights of the
defendant be said to be encroached upon. But the proposed laws did clear
away a mass of technicalities which has kept many a scamp out of jail.

The proposed amendments dealing with appeals in criminal cases aimed at
prompt judgment and sentence after conviction, prompt appeal and