State v. Davis

A few simple observations will make clear the right of the State to docket and dismiss the attempted appeal in this case.

1. In the first place, it should be remembered that the object of a trial is to ascertain the truth and to do justly. Both parties are privileged *320to present their evidence at the hearing. This is their opportunity to make the truth appear, and, if not seized, it may be lost. Every litigant is entitled, as a matter of right, to one trial, but not necessarily to two. Pico v. Cohn, 91 Cal., 129, 13 L. R. A., 336.

However, to make sure that no man shall be deprived of his life,…