10,037

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which probably would render all our criminal decisions un-

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constitutional under the 14th Amendment. I proposed in my

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paper therefore that there be four different modifications.

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One involved the amendment of the Constitution to permit the

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passing on the sufficiency of the evidence by the trial

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court and opening the case to appeal.

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The second one was a mandatory rule of court

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requiring the trial courts to give advisory instructions

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on the law to the jury so that that was absolutely mandatory

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on his part and opening those instructions to review on

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appeal .

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DELEGATE JAMES: Thirty seconds, Delegate Hender-

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son.

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DELEGATE HENDERSON: There were several other

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matters which were accomplished there. For one thing, the

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rules of court were amended to provide that this did not

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apply as it had before to a judge who was sitting without a

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jury. In those ways we managed to close some of the avenues

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so that the Supreme Court, even though it had the appeal, on

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certiorari refused to grant a hearing and has not yet ruled

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on it .