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"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."

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

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"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."

"Then why did the president not do it?"

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

"Then the Senate will, of course, correct this error?"

"That will all depend on who will preside there at the time.Well, now, there it is. I have further said," he continued,rapidly, "a verdict of this kind gave the Court no right tocondemn Maslova to be punished as a criminal, and to applysection 3, statute 771 of the penal code to her case. This is adecided and gross violation of the basic principles of ourcriminal law. In view of the reasons stated, I have the honour ofappealing to you, etc., etc., the refutation, according to 909,910, and section 2, 912 and 928 statute of the criminal code,etc., etc. . . . to carry this case before another department ofthe same Court for a further examination. There; all that can bedone is done, but, to be frank, I have little hope of success,though, of course, it all depends on what members will be presentat the Senate. If you have any influence there you can but try."

"I do know some."

All right; only be quick about it. Else they'll all go off for achange of air; then you may have to wait three months before theyreturn. Then, in case of failure, we have still the possibilityof appealing to His Majesty. This, too, depends on the privateinfluence you can bring to work. In this case, too, I am at yourservice; I mean as to the working of the petition, not theinfluence."

"Thank you. Now as to your fees?"

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