Abilene Reporter-News, The (Newspaper) - November 24, 1970, Abilene, Texas
"WITHOUT OR WITH OFFENSE TO FRIENDS OR FOES WE SKETCH YOUR WORLD EXACTLY AS IT ;90TH YEAR, NQ. 154 PHONE 673-1271 Last in 3-Part Series ABILENE, TEXAS, 79604, TUESDAY EVENING, NOVEMBER 24, 1970-EIGHTEEN PAGES IN TWO SECTIONS lOc DAILY-25c SUNDAY Auociated Prea (ff) Sentencing by Judges Due to Draw Fire By JO.V STANDEFEH Reporter-News SUlf Wilier The first week In December a conference for judges, lawyers and legislators will get a firsthand, unabridged look at a proposed new set of criminal statutes. The Texas Penal Code Revision Project, five years and uncountable manhours in the making. will make public sparks may be flying before the conference breaks up. The legal profession, including the Judiciary, is virtually unanimous in agreeing that the idea of revising the state's century- old Penal Code is long overdue. Abilene Attorney Chuck Erwin is a member of the board of directors of the Slate Bar Association, which as a group passed a resolution approving the proposed revision. He says; "I think the idea, the concept of revision is definitely worthwhile, but at the same time there are certain areas that may be of a controversial nature that I think will have to bo resolved by the Legislature." The Legislature, of course, will have final say on the entire proposal, and as State ftcp. Frank Calhoun points out, the Legislature will have to make a decision on it next year or wait another two years when the next Legislature will meet. And Calhoun has doubts that there is even enough time now for study and debate among lawmakers for the matter to be resolved before the coming Legislature adjourns next spring. THKIU: AHE those who think Texas can't afford to wait another two years. Dean Page Keeton of the University of Texas Law School, has noted that "the criminal justice system is tremendously expensive to operate, both in dollars and trained manpower, and today it is terribly, creakingly overloaded." Keelon adds that "the simple truth is that the penal law has been sorely neglected in this the full bill for this neglect has yet to be presented." In general, the revision project was aimed at doing away with the duplication anil overlapping of different the 33 articles in the present Penal Code which arc concerned with bribery, for example, would be dealt with in a single section. The revision also drops some current laws which are rarely enforced. Non-deviate sexual acts between consenting adults would no longer be punishable; adultery would be legal. The revised code, according to Texas Penal Code Division project director Seth Scarcy. "effects a general reduction In especially the maximums authorized. n j Raids Stir Angry Fuss Senate Icy Treat Michael Boughlon, 5, son of Mr. and Sirs. William Boughton of Minneapolis, Minn., breaks a chunk of ice off an artistic, wintry scene. High winds and freezing temperatures produced the frozen scene on a snow fence along the east shore of Lake Calhoun. (AP Wirephoto) You're Right, It Was Cold Ills Record Low of 15 Well we did It last night. We broke the record for cold temperatures for this dale. Ihe thermometer went all the way down to 15 degrees, breaking the old record of 18 degrees set on November 24, 1938. So if you thought it was cold this morning, you were right, it was a record cold. .Like the night before, the air was dry and there was little frost. However, the cold temperatures should make for good pecan gathering. The Lower liio Grande Valley, which fears cold weather be- cause of its winter vegetables and citrus, escaped damage from the low temperatures al- though! there were traces of frost and ice in places. Marfa in the mountains of Far Texas recorded 11 degrees above zero. By GKANT Reporter-News Sports Writer Victor Callison, who overcame Several serious medical problems to become a three- year two-way starter at Abilene High School, was named by the Abilene Exchange Club Tuesday a: the Eagles' 1970 Lineman of the Year. Callison was presented a huge trophy at the Exchange Club's noon luncheon at the Country Club. His name became the 14th to be Inscribed on the trophy since the award was Initiated in 1937. Callison also received a certificate designating him Lineman of the Year. CALLISO.V look the trophy home with him overnight and will replace It In the Abilene lUgh trophy case Wednesday. Despite a double curvature of the spine and a multiple fracture of his right leg In junior high, Callison came on to become a starter at defensive tackle In his sophomore season, I960. He wears a built-up innrrsolo In his right shoe to compens.ilc for a right leij that was left an Inch shorter than his left by Ihe fracture. The S-ll, 210-poundcr was Austin with 28 and Gal- veslon with H set record lows for Nov. U. Shreveport, over WEATHER U.S. DEPARTMENT OF COMMERCE. Nllionll Wfimrr Itmci (Wflthtr MJp Pfl. 1-A) ABILENE AND VICINITY 110 rn.'e rijius) Fiir wirm frva TuKajy Pirny ciouar on Wrtncidiy. Hign TLPiaiy ihould 04 near X, low Tuesday in rt-.t ?0'i. Hfah on Wrdnridjy tfould retch 73. Windi ovl el uutn it I lo 11 Bctn Gjyi. TEMPERATURES MAflOir p.m. Tuctdir a MM ii 39 1M a 3-0 11 38 ii M S.OO H 37 1? 75 ;i a It....... f 34 ;3 10 M 40 31 4] Jl Htoh Ird lew fcr 34 hcxjri tra.ng f i.m 40 ind IS. lid lew fcr ilrrt tfre tajt year: ii and SunitT laiT p.m. Sunrut lodiy: a.m. Sunr: tonicM: p m. Barometer al r-ocn: H 44 in. Hurnid.ly at noon: I] per ccnl. the line in Louisiana, set a re- cord for this dale with 2fi de- grees. The Weather Sen-ice promised a slight wanning trend by Wednesday. The Lower llio Grande Valley escaped damaging frost largely because of winds of 10 to 15 miles per hour during the night. Market Mixed At 4lh Hour End Industrials were up 2.67, transportation was down .-14, and utilities were up .29, at the end of fourth hnur trading Tues- day on the New York Stock Kx- change. The New York Com- posite was up .10. Volume was shares, reported the Abilene office of Schneider, Bernet and Ilickman, Inc. WASHINGTON (AP) The American commando raid near Hanoi and the bombing runs over North Vietnam during Ihe weekend have stirred questions about the direction of Nixon war policy in the angriest Senate de- bale since summer. Sen. J. W. Fulbright, joined by fellow Democrats Edward M. Kennedy and George S. McGovcm, carried the dove's fight Monday when he called the weekend actions "a very major escalation of the war that, it seems to me, will entail greatly intensified conflict." This, suggested the Arkansas Democrat and chairman of Ihe Senate' Foreigr. relations Com- mittee, "would seem to Indicate lhat the actual policy is to esca- late the war and lo seek a mili- tary victory'." Fulbright reacted lo Ihe un- successful attempt to liberate Americans erroneously thought held in a camp near Hanoi by saying Ihe commando strike was "certainly a very provoca- tive act to mount a physical in- vasion Sen. Robert J. Dole, R-Kan., defended both the bombing raids and the commando action in an exchange with Kennedy marked with such heavy sar- casm as to strain normal Senate courtesy. "We have heard so much about the efforts that were being made, new efforts, new Kennedy said to Pole. "Is the senator satisfied that this (commando raid) pro- vides a much better way of freeing Ihe prisoners than nego- "The best way is throuch ne- the Kansas Republi- can responded. "But negotia- tions have failed. What do we do in the meantime? Sit back and Kennedy then asked "whether the American people ought to be prepared for other strikes such as this? Are we going to have other kinds of surprises similar to Dole said he didn't know but contended Ihe raid was "suc- cessful In demonstrating Ameri- can concern." He added: "Some of these men have been lan- guishing in prison for five years." "Ard they're still Picture, Pg. 2A Kennedy snapped. Praising Ihe U.S. soldiers who volunteered for the rescue mis- sion, Dole said, "This is Ihe American spirit in the highest tradition. I want lo applaud Ihe action. In my opinion it was suc- cessful." Locked Doors Gunmen DALLAS (AP) -Two well dressed gunmen, each weiring flesh-colored masks, approached the main entrance of a suburb- an department store here Mon- day and found the door locked. A telephone switchboard oper- ator sealed just behind the glass door told the pair she had no key for Ihe door. One of the would-be robbers scaled a retaining wall which al- lowed him to drop behind the door. But his next problem was lo- cating the store safe. Police said he burst Into a room filled with employes at a staff meeting. His demand for money met only blank stares. The gunman stepped into a corridor where he mel two wom- en employes. Meanwhile, those in the room he had just left locked him oul. The women in Ihe corridor said they told the gunman his demand for money was a joke. The robber snarled he wasn't joking. "I still say It's a said one woman. The gunman trotted from the store, summoned his partner and both fled. MS INDEX Amusements 4A Bridge.............. 7 A Business News 6A Classified............ 5-7B Comics................43 Editorials..............2B Horoscope............ IDA Hcsoitol Pcticnts.......3A Cbnuorics............. 2A Sports...............8 9A To Your Good rHalth 7A TV Log ...............7B Women's News.........3B Classical penology, says Searcy, has failed to discriminate between the ordinary and habitual offender, and most laws are scaled with the "unusual" or habitual criminal in mind-thus the severity of punishments found. The law should be the other way around, argues the laws should be for Ihe ordinary offender, with special catagorics for particularly dangerous criminals. And despite the abundancies of life sentences and long punishments prescribed In the present Code, he says, the- average length of time spent by all Inmates in Teias who were discharged by the Dept. of Corrections in 1969 was two years and nine months. PERHAPS THE BIGGEST battle-lo-come will be over the revision's proposal to do away with jury sentencing. Instead of a choice of having either the jury or the judge assess punishment, judges would do it all. The argument here Is that sentencing is such a complex matter that, Searcy says, "trial judges. .will develop sentencing expertise lhat no jury, sitting once in their colleclive lifetimes in a single criminal case, can ever develop." This would do away with whatever disparity there is now in sentencing by juries; most judges agree with Judge Raleigh Brown of 42nd District Court, who says that If the change is made, "I think you'll sec much more consistent sentencing." Defense lawyers are generally In bitter opposition. "I don't want any man in robes deciding Ihe says Abilene attorney Bill Thomas. "Very few folks are illiterate, and most of them have plenty of common sense. So I think 12 people are just as qualified to set the sentence as a Judge. At leasl I wanl my man to have a choice between the judge and a jury." Part of the concern of defense attorneys Is lhat they may lose whatever "sway-power" over juries ihcy now have; a judge is less likely to be influenced by sheer rhetoric. As Judge Neil Daniel of 101th District Court points out: "A good speaker can sway a jury. Every once In a while when wt: Iry a case before Ihe court, (without a a lawyer will start making 'speeches' to me. I just tell him: 'You're not talking to a jury, so settle down.'" One danger in judge sentencing is that disparity creeps Into the court as often as it does into the Jury room. "Say you have a judge who's extra hard on drug says Abilene attorney Charles Scarborough, "and another who's tough on, say, burglaries. The D.A. can present the case to any grand jury he wishes, in order to get the judge he thinks will be tougher on the defendant." That's called "judge and it's a two-way street. In other parts of tho country, logjams In Ihe court are common, in part because defense attorneys find ways to stall for time until their clients como before a lenient judge. TWO POINTS OF RELEVANCE: 1. Since 75 to 90 per cent of all criminal cases are disposed of today on a guilty plea in which the judge assesses the sentence, tho proposed revision will cffecl liltle change in practice. 2. Federal courts and all but 12 other states already require judges to set punishments. The federal court is particularly Interesting because judges there always receive prc-scntence reports, a practice that ivould go into effect in Texas if Ihe proposed revision is approved. District attorney Paynler says pre- scnlcnce reports would put the assessing of punishment on "a more Informed basis." "A lot of the sentencing (today) is done by Juries and judge who aren't aware of a number of says Paynler. He points out that while juries are told of prior convictions, they aren't Informed usually of previous misconduct which didn't reach the trial stage but which might be hclpfui in setting the sentence. Other considerations not usually noted are such things as a defendant's home life, educational background, etc. As Seth Scarcy puts it, "A Jury now finds Sec JUDf.KS, Pg. 2A Signed Stub Invasion of Ballot Right? VICTOR ('ALLISON AIIS slartrr selected lo the 1970 All-District- 5-AAAA squad as a defensive tackle and earned honorable mention at an offensive tackle. His explanation for Ihe tremendous amount nl determination he's shown through his career was simple: "I like this he said. CALI.ISON, one of the Kaglc Ere CALLISON, Vg. SA By ELLIE nUCKKR Q. I read jour answer relating the reason voters In Taylor County are required lo sign Ihe stub attached lo (he ballot. I still (Ml this Is an Invasion of my rights to a secret ballot. No one should be able lo tell how any Individual voied, for any reason. Plrasc tell me who I ran write lo have this changed as I know It's unconstitutional. They don't have you sign In Harris County whore I uas raked. They ran spend millions of dollars on fancy buildings, why not some on machines? A. There's some question as lo whether voting machines arc actually an Improvement because a voting machine keeps no record of names and If an election Is contested, there's no way of subtracting the vote of someone who voted Illegally. However, there arc fewer contests when voting machines arc used, Randall Wood, director of elections In Texas, says. When paper ballots are used, voters are required by Ihe Texas Election Code lo sign the stub. Talk to your state representative about this or If you feel strongly, you can testify at the hearings lo be held on election reforms in Austin when the legislature meets. They're open lo Ihe public. Wood said he feels lhal signing the stubs Isn't really thai necessary and an interested person could probably start action lo have this eliminated. Most election contests, he said, deal with actual counting of ballots, and this Is not Involved where voting machines arc used. Q. Thov poor trees on (he parkin" lot north ol Ihe new Center! They have pavement all over their roots! Surely someone would perl bark an area lo allow Ihe Irm to live If we only knrw who lo ask! Sincerely, II appears they nerd hrlp. A. They did need help a few days ago and the City Parks Dcpt. came lo Ihe rescue. On your next trip lo Ihe Civic Ccnler check out the trees; Ihcy now havo "planter beds" around them. The paving contractor covered the whole area in one sweep; after the asphalt set and dried the Parks Dcpt. cut out the "planter beds" so the trees could get food and water. 0. Hrlp! I ordered some cosmetics about nine months ago from a saleslady who had some specials. If I bought one Htm I could get another free. Well, all I got was Ihe free one; I didn't gel what I'd paid for. Another l.iriy dellmrd my order since Ihe first saleslady was slrk. I (old this lady about the missing Item and she (old me she would (ell Ihe other lady abont II. Well, I still hatrn't heard from rllhrr one. The saleslady didn't write her name or address OB the order dip 1.0 (hat's why I'm asking for yonr hrlp. A. At your service. It's been taken care of and by the lime this appears In Action Line, you'll have your missing product. The manager of the cosmetic company was glad lo know about this and requests that If It should ever happen again, call her and (he personally will lake care of It. Q. I wonder what value, U there Is for a wellpresened Wade and Butrhrr straight edge razor made la Sheffield, England. I also have an original Blue Bark spcllrr; is there any value to II? A. If it's In mint condition (no missing or lorn pages, no writing In It) and If it's a first edition, the speller is worth They were worth more, our antique appraiser tells us, but have decreased in value since they've been re-printed. The xvorth of the razor depends on how well preserved It Is and also on what the handle Is made of. It It's sterling silver it could be worth 110; otherwise It's worth anywhere from 11 to But you really should take It to a licensed appraiser to be sure; he would have lo sec It before giving an accurate appraisal. Address to Arllon Line, Boi 36. Abilene, Trxis TtCOI. Nainn will not be nird hut rnuM be tlpied ind iddmsn given. Pirate Include IdrpngM munbcn U possible.