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"It is a ground for appeal, though. To continue: ' Secondly,' hewent on reading, 'when Maslova's advocate, in his speech for thedefence, wishing to characterise Maslova's personality, referredto the causes of her fall, he was interrupted by the presidentcalling him to order for the alleged deviation from the directsubject. Yet, as has been repeatedly pointed out by the Senate,the elucidation of the criminal's characteristics and his or hermoral standpoint in general has a significance of the firstimportance in criminal cases, even if only as a guide in thesettling of the question of imputation.' That's point two," hesaid, with a look at Nekhludoff. w1g 6hl

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"But he spoke so badly that no one could make anything of it,"Nekhludoff said, still more astonished.

"The fellow's quite a fool, and of course could not be expectedto say anything sensible," Fanarin said, laughing; "but, all thesame, it will do as a reason for appeal. Thirdly: 'The president,in his summing up, contrary to the direct decree of section 1,statute 801, of the criminal code, omitted to inform the jurywhat the judicial points are that constitute guilt; and did notmention that having admitted the fact of Maslova havingadministered the poison to Smelkoff, the jury had a right not toimpute the guilt of murder to her, since the proofs of wilfulintent to deprive Smelkoff of life were absent, and only topronounce her guilty of carelessness resulting in the death ofthe merchant, which she did not desire.' This is the chiefpoint." w1g 6bw

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"Yes; but we ought to have known that ourselves. It was ourmistake."

"And now the fourth point," the advocate continued. "The form ofthe answer given by the jury contained an evident contradiction.Maslova is accused of wilfully poisoning Smelkoff, her one objectbeing that of cupidity, the only motive to commit murder shecould have had. The jury in their verdict acquit her of theintent to rob, or participation in the stealing of valuables,from which it follows that they intended also to acquit her ofthe intent to murder, and only through a misunderstanding, whicharose from the incompleteness of the president's summing up,omitted to express it in due form in their answer. Therefore ananswer of this kind by the jury absolutely demanded theapplication of statutes 816 and 808 of the criminal code ofprocedure, i.e., an explanation by the president to the jury ofthe mistake made by them, and another debate on the question ofthe prisoner's guilt." wig 50

"Then why did the president not do it?"

"I, too, should like to know why," Fanarin said, laughing.

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