10,045

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so sure that they are right in those circumstances.

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I have abandoned first degree when I didn't think

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it was first degree, even though under the law it was first

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degree.

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DELEGATE BOTHE: You haven't answered my question

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now. Do you feel that d efense counsel and the prosecutor

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should be at liberty to argue law to the jury which is not

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the law of the State of the land?

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DELEGATE JAMES: Delegate Willoner.

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DELEGATE WJLLONER: No.

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DELEGATE JAMES: Delegate Mentzer.

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DELEGATE MENTZER: I would like to speak in

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favor of this amendment.

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DELEGATE JAMES: Is there a series of questions?

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DELEGATE BOTHE: I have one more.

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Will you agree that this can be and often is

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the practice in the criminal courts of this state under

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the present provisions of the Constitution?

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DELEGATE JAMES: Delegate Willoner.

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DELEGATE WILLONER: No, I say it is not the practice,

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If somebody argues that which is not the law anywhere in