Page 4
College Station, Texas
Thursday, August 25, 1966
THE BATTALION
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Barron, Woody
Differ On Code
‘Code Forced
District Judge
On Texas, 9
Claims
DPS Estimates 41 Persons
Will Die In Traffic Mishaps
■// # F
DR. GRANT BOGUE
District Judge John M. Barron
of Bryan terms the new criminal
code of Texas as impractical and
overprotective for the criminal.
“The new criminal code is not
a product of the Texas Legisla
ture,” he noted. “It was forced
on Texas by a constitutional de
cision of the U. S. Supreme
Court.”
Barron was the lead-off speak
er Wednesday for the Police-
Community Relations Institute at
Texas A&M.
“I believe the code is so tech
nical in the fields of search, seiz
ure, arrest and interrogation that
very few police officers, judges
and prosecutors are capable of
efectively enforcing it,” the judge
continued.
“Delay and technicality are the
order of the day now,” Barron
continued. “We need to take a
new look at criminal law in gen
eral . . . we need to get down and
search for truth.”
Barron predicted state courts
will have little jurisdiction left
in 10 to 15 years.
“Everything of any importance
will be in federal courts,” he said.
“And this is not good.”
“Enforcement officers should
do what the law says,’ Barron
went on, “But they need to go as
far as they can under law. You
can’t handle criminals under the
same rules as an athletic contest.
The police must have some lati
tude because of inherent nature
of criminals. You have to fight
fire with fire.”
Barron urged police officers to
respect the law and learn the
hard rules.
“There will be terrible revers
als in the future if you don’t file
warrans properly,” he explained.
“All officers should be trained in
‘Live With Laws, 9
Attorney Says
A noted defense attorney disa
greed Wednesday with Bryan
District Judge John M. Barron
on the new Texas Criminal Code.
“It has been suggested that
the laws will be changed,” de
clared Clyde Woody of Houston
while speaking at the Police-
Community Relations Institute
at Texas A&M. “But it’s not true
that they will be changed. You
as lawmen must learn to live
with them.”
“Invariably, constitutional
questions arise because of the
failure of states to accept their
responsibilities,” he continued.
“I disagree with Judge Barron.
I do not think that federal courts
will usurp state courts.”
Woody, who successfully de
fended Candy Mossier and Caro
lyn Lema, discussed arrests, con
fessions and waivers.
“It is not difficult to effect a
legal arrest,” he said. “Neither
is it difficult to effect a good af-
fadavit. The thing to do is up
grade law enforcement. It’s not
an impossible situation. Addi
tional responsibilities will lead
your governments to give you
money to hire better men.*’
Woody reminded officers that
suspects of criminal acts have
the right to remain silent, that
they should be told anything
they say may be used in evidence
against them, and that they may
have counsel present throughout
interrogation.
The attorney pointed out that
such suspects must be taken
forewith before a magistrate.
★ ★ ★
Code Furor
Dates Back
To 1776
The criminal code furor of in
dividual rights vs. common secur
ity is “a centuries old problem
in American political thought”, a
law educator said at the ninth
Police-Comrminity Relations In
stitute at Texas A&M.
The disagreement began 190
years ago when the United States
system of divided sovereignty
government was written by fram
ers of the constitution, declared
University of Houston Law
School Dean John Neibel.
“It is assinine to assume that
Constitution writers detailed an
swers 190 years ago for problems
faced by 50 states from the At
lantic to mid-Pacific, 50 gover
nors and 200 million people hav
ing rockets, space and atomic
weaponry and Interstate High
ways,” he said in defending Su
preme Court Bill of Rights deci
sions.
“It is the Court’s function to
make laws and legislate, inter
preting the vague, general docu
ment called the Constitution,”
Neibel added. “When they draw
down specifics to apply to our
problems, the Supreme Court
judges make law that becomes a
part of the Constitution.”
Forewith apparently means di
rectly from the place of arrest to
a magistrate’s office.
laws of search and seizure. All
other evidence is apt to fail if
these prerequisites are not car
ried out properly.”
“I’m proud of our police,’ Bar
ron emphasized. “Remember this,
60 per cent of the people are be
hind you, 20 per cent don’t care,
and 20 per cent are against you.”
Preston Dial, first assistant to
District Attorney James Barlow
of San Antonio, echoed many of
Barron’s comments and cited dis
crepancies between prosecution
and defense in court.
“The defense has an advantage
over the prosecution,” Dial point
ed out. “A defense attorney can
obtain documents from the state’s
files to aid in his client’s defense,
but the prosecution does not have
reciprocal rights.”
Dial also proposed an amend
ment to the law in sanity hear
ings.
“If a defendant is to interject
insanity as an issue, he should
be sent to a state hospital for
observation,” Dial suggested.
“And if he is found to be sane
at the time of the offense, that
ruling should stand. If he should
be found to be insane at the time
of the hearing, he should be
placed in a maximum security
mental institution until he can be
tried.”
Bogue Joins
Ag College
Dr. Grant Bogue, formerly of
the University of Arkansas, has
joined the Texas A&M Depart
ment of Agricultural Economics
and Sociology as an assistant
professor.
Dr. R. E. Patterson, A&M dean
of agriculture, said the new staff
member’s special teaching and
research fields will be industrial
and urban sociology with empha
sis on implications to the rural
AUSTIN—Col. Homer Garri
son Jr., director of the Texas
Department of Public Safety re
ported that DPS estimates indi
cate that 41 persons will die in
traffic accidents during the
three-day Labor Day weekend.
“The current traffic trend in
dicates that Texas is headed for
its third straight record high in
terms of fatal accidents,” Garri
son said. “At the present time
we are approximately 15 per cent
ahead of the same time in 1965
. . . and we are still faced with
the four months of the year
which generally produce the most
deaths.”
“More people are killed in
Texas each year in traffic than
are killed in all the United States
by murder and homicide,” Garri
son continued, “and the deaths
are just as senseless, as needless
and as tragic, but not nearly as
well publicized.
“Psychologists say that one
reason the general public fails to
take positive action in matters of
traffic safety is due to a lack of
personal identification with the
problem. It might behoove each
driver in our state to stop and
consider that he has less than a
50-50 chance to go through his
driving career without being in
volved in a traffic mishap, or
without incurring injury to him
self or one of his family. The 41
persons expected to die in traffic
during the Labor Day holiday
have no idea that they will be
involved in an accident, either.”
In an attempt to offset dan
gers caused by the increased
traffic on highways during the
holiday period, the Department
of Public Safety will conduct
“Operation Motorcide.” About
150 uniformed officers from oth
er DPS services will be on the
road to supplement the Highway
Patrol enforcement action. Als;
to call public attention to higM
way dangers, each traffic deatll
will be tabulated and the totali|
will be announced three tinif:
daily from DPS headquarters i;
Austin.
Several other state agencid
and organizations interested j
traffic safety are cooperate
with the DPS in calling attentk*
to safe driving practices durirj
the Labor Day weekend.
The Texas Highway Depar,
ment is advising the public i
proper freeway driving habit
and the need for caution in at:
around construction areas.
The Texas Safety Associate
is carrying on a program sties,
ing the need for courtesy ai:
caution on the highway and t
coordinating the effects of ft
Texas Jaycees in sponsoring nj
stops with free coffee for ft
tigued drivers.
Bogue received his BA degree
in sociology from Michigan State
University in 1950 and the MA
degree in 1954. His doctorate in
sociology came from Wayne
State University in 1963.
He has served as sociology in
structor at Allegheny College,
with the Detroit Commission on
Children and Youth, and as as
sistant professor of sociology at
the University of Arkansas.
The educator is a member of
the American Sociological Socie
ty, the Southwest Social Science
Association, and the Southern
Sociological Association. He has
published several articles in the
professional journals of these
and other societies.
DO YOU HAVE ENOUGH TIME AND MONEY!
If Not See Lou Before You Leave School. You
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September. If You Are Not Returning There’s
That Good Old CASH For GAS. Whatever You
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Sliced Picnics
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294) 10»«,iJw T
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Lead Pencils
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6-Count Pkg.
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: • - - r.rXKIUSrC- % "
Jerry,
flow r
enviro
shop 1
equipr
Jack
with t<
2,700 d
as A&.
Artis
produe
special
and va
and qt
ment a
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going (
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been :
The g
Depart
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Prod
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old Ja<
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of Tex
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Lun}
variati
tools ]
prifl ox
of obji
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tubing
sizes.
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of bas
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Texas
Admr
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direct
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heads
count
high :
cal co
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Force
cost a
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scienc
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Univ
1958