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TEXAS AT
VILLA MARIA
'BaMt
DEPARTMENT STORE
THE BATTALION
THURSDAY, DEC. 4, 1975
Page 9
Convictions ‘embarrass’ judge
AUSTIN — A judge of the Texas
Court of Criminal Appeals said in a
blistering dissent today that he
sometimes was embarrassed by the
lengths to which his colleagues go to
uphold convictions.
Judge Truman Roberts, who used
to be a trial court judge in a rural
Central Texas area, made his re
marks in the case of Terry Lynn Col
eman.
The court upheld Coleman s five-
year sentence for burglary to commit
theft by a 3-2 vote.
The court majority affirmed the
conviction because Coleman’s brief
was filed a day late. But in view of
Roberts’ dissent, the majority opin
ion by Judge Leon Douglas went into
the details of the case and said it
would be difficult for a jury to reach
any other verdict but guilty.
“This case is affirmed because the
appellant’s brief was filed one day
( late . . . The lengths to which this
court will go for the sole purpose of
affirming convictions sometimes as
tounds and embarrasses me. Resort
is had to the minutest procedural
technicalities. And even-handed
justice under law is at best a fortuiti-
ous by-product,’’ Roberts said.
He said the majority reached its
decision “in blatant disregard of’ a
state law prohibiting the court from
dismissing or refusing to consider an
appeal because of failure to file a
brief on time.
“A majority of this court, constitut
ing itself as a three-man legislature,
repeal this statute without even the
courtesy of an acknowledgement.
Texas’ other legislature has also pro
vided us with the following statute:
‘No affirmance or reversal of a case
shall be determined on mere
technicalities or on technical errors
in the preparation and filing of the
record on appeal,’ ” Roberts said.
He added that the court considers
the state’s briefs, even when filed
late.
“Is this even-handed justice under
law?” Roberts asked.
Roberts said the case should have
been reversed because the judge did
not instruct the jury on circumstan
tial evidence.
He said Texas was the only state
that uses the “doctrine of close jux
taposition” which says that if the facts
proved are in a close relationship to
the main issue, then no charge on
circumstantial evidence is required.
I think the best course would be
to align ourselves with the other
jurisdictions which do not have the
doctrine and to require strict adher
ence to the rule requiring the giving
of a charge on circumstantial evi
dence,” he said.
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Associated Press
MIAMI BEACH, Fla. — Housing
and Urban Development Secretary
Carla A. Hills told the nation’s
mayors yesterday that for the first
time in more than a decade middle-
income people are moving back to
cities from suburbs.
But she said in a speech at the
annual convention of the National
League of Cities that urban officials
could be doing more to encourage
the trend.
An influx of such people will in
crease big city tax revenues, she
added.
The migration back to cities is
spurred by “the high cost and skimpy
availability of fuel coupled with
scarce land, stricter building codes
and the sheer cost of suburban con
struction,” Mrs. Hills said.
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“For the first time in more than a
decade, people of moderate means
are finding more reasons for moving
into the city than for moving out of
it.”
And these people, she said, “are
already moving back.”
But she said that cheaper living
costs alone are not enough to attract
middle-and high-income families.
Cities must also concentrate their
resources on enhancing the kinds of
neighborhoods and services which
attract single and young married
people and the elderly, she said.
Such people now constitute half of
the households in America, accord
ing to Mrs. Hills, and their “lifestyles
are most suited to the very things our
cities have to offer — smaller hous
ing, convenience to jobs, entertain
ment and cultural amentities, recre
ational opportunities and the charm
of older houses. ”
Mrs. Hills said they might want to
live in areas near colleges or parks, or
in areas of historical or architectural
interest. She added that their
greatest concerns are for personal
safety, ease of transportation and
quality education.
Cities have already spent 60 per
cent of their general revenue
sharing funds from the federal gov
ernment on these services, she said,
but she urged the urban officials to
work harder in Congress to assure
the revenue-sharing program is ex
tended beyond the end of 1976.
Sports Shorts
Associated Press
ROCHESTER, Minn. — Jack
Mollenkopf, 70, former Purdue Uni
versity football coach, died early to
day, seven weeks after he was hos
pitalized with cancer.
Mollenkopf retired as Purdue’s
coach in 1969 after 14 seasons in
which his teams compiled an 84-38-9
record. The 84 victories were more
than twice as many as any other
Boilermaker football coach and in
cluded a 14-13 Rose Bowl triumph
over Southern California in 1967.
SING ALOUD CHILD OF GOD!
SING ALOUD!
God’s glory is upon you.
Make straight a highway for
your God . . .
flatten the mountains . . .
smooth the roughness . . .
SEE YOUR SALVATION
I§tus
BIBLE CLASS
9:30 a.m.
SUNDAY
10:45 a.m.
and 6 p.m.
SPECIAL CANDLELIGHT
CAROL SERVICE THIS
SUNDAY EVENING, 6 P.M.
University
Lutheran Chapel
Hubert Beck, Paster
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S46-66S7
Associated Press
KANSAS CITY — The Kansas
City Scouts of the National Hockey
League announced that Don Caims,
their No. 2 selection in the amateur
draft last year, underwent knee
surgery Wednesday.
The surgery was made to repair
torn cartilage in the 20-year-old
left-winger’s left knee.
“The surgery was apparently
completely successful,” said Sid
Abel, Scouts’ general manager.
“Don will be in the hospital about a
week.”
Cairns had been playing for the
Scouts AHL team in Springfield,
Mass.
BOSTON — Boston College quar
terback Mike Kruczek has been
named winner of the George
“Bulger” Lowe award as New Eng
land’s outstanding college football
player.
Kruczek, Boston College captain
and a senior from Fairfax, Va., set a
NCAA record for passing accuracy
and was expected to be a top pick in
the upcoming National Football
i League draft. He completed 225 of
337 passes for a 66.7 per cent mark in
three varsity seasons.
The Lowe Award is given in honor
of the late Exeter-Fordham-
Lafayette star from Arlingtpn,
Mass., founder and first president of
the Gridiron Club.
Kruczek will be honored at the
annual Gridiron Club dinner Dec.
16.
Centennial
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