uently it stands alone as the only account of the homicide. Thus
murder cases are almost always weaker than others, since the chief
witness has been removed by death; while at the same time the nature of
the punishment leads the jury unconsciously to require a higher degree
of proof than in cases where the consequences are less abhorrent. All
this is quite natural and inevitable. Moreover, homicide cases as a rule
are better defended than others, a fact which undoubtedly affects the
result. These considerations apply to all trials for homicide, notorious
or otherwise, the results of which in New York County for ten years are
set forth in the following table:

YEAR CONVICTIONS ACQUITTALS CONVICTIONS ACQUITTALS
PER CENT PER CENT
1901.........25............17..........60............40
1902.........31............11..........74............26
1903.........42.............8..........84............16
1904.........37............14..........72............28
1905.........32............13..........71............29
1906.........53............22..........70............30
1907.........39............10..........78............22
1908.........35............17..........67............33
1909.........43............11..........80............20
1910.........45............15..........75............25
TOTAL.......382...........138......Av. 74........Av. 27

A popular impression exists at the present time that a man convicted of
murder has but to appeal his case on some technical ground in order to
secure a reversal, and thus escape the consequences of his crime. How
wide of the mark such a belief may be, at least so far as one locality
is concerned, is shown by the fact that in New York State, from 1887 to
1907, there were 169 decisions by the Court of Appeals on appeals from
convictions of murder in the first degree, out of which there were only
twenty-nine reversals. Seven of these defendants were again immediately
tried and convicted, and a second time appealed, upon which occasion
only two were successful, while five had their convictions promptly
affirmed. Thus, so far as the ultimate triumph of justice is concerned,
out of 169 cases in that period the appellants finally succeeded in
twenty-two only.

Since 1902 there have been twenty-seven decisions rendered in
first-degree murder cases by the Court of Appeals, with only