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.