The Criminal Code

Twenty year-old Robert Graham (Phillips Holmes) accidentally kills another man in a drunken brawl. District Attorney Mark Brady (Walter Huston) has to prosecute the young man, despite feeling sympathetic towards him. Graham is convicted to ten years in the state penitentiary. Six years later, D.A. Brady has been appointed warden of the prison and is appalled at what prison life has done to Graham. With help from his daughter (Constance Cummings), who falls in love with Graham, Brady gets the young man back on the right track. But all of it may come to naught when another prisoner is murdered and Graham is forced to choose between snitching and keeping quiet.

Phillips Holmes is not a name that most people, including myself, are familiar with. He retired from acting in 1938 and died in a mid-air collision in Canada four years later. This is probably his most well-known role and that's not saying much since this is hardly a well-known film. But he does a terrific job. Expectedly good performance from Walter Huston, arguably Hollywood's best actor in the early talkies. Also features Boris Karloff in one of his best pre-Frankenstein roles as a vengeful inmate who hates squealers.

Great early Howard Hawks crime drama. Nice Hawksian banter and overlapping dialogue, particularly in the early scenes with reporters. Remade twice, as Penitentiary in 1938 and Convicted in 1950. A must-see for fans of Hawks, Huston, and Karloff.

"The Criminal Code" is centered around the theme "An Eye for An Eye." This theme is the reason that young Robert Graham is sent to prison, the reason why the prisoners object to the D.A. becoming the Warden of the prison, and the reason why Graham is sent to "the hole" near the end of the film. For 1931, it was one of the first critical looks at this theme. It raises certain questions as to the morals of the law, and the Criminal Code versus the Prisoners Code. Phillips Holmes gives a good enough performance as Robert Graham, and Boris Karloff came off well as the inmate with a bone to pick (months before becoming Frankenstein), but the performance that I liked the most was Walter Huston, who played the D.A.-turned-prison-warden. Huston's character was a wily one, who said "Yeah" and "Yeah?" about a hundred times throughout the film.

The Criminal Code (1931) is often passed over when it comes to discussion of the films of Howard Hawks, but it's actually one of my favorites from him.

There are a lot of stagey aspects to be sure and the central love story is pretty boring, but there's just so much to love. The film experiments with sound, overlapping dialogue and using crowd noise as a plot element.

The two standout actors are Walter Huston and a pre-stardom Boris Karloff. Anytime either of them walks on screen, everyone else just evaporates. Huston does a great job making the audience love and despise his character. And Karloff is just mesmerizing as Galloway, a convict hell-bent on vengeance.

No masterpiece, but it is an early sign of Hawks' genius. And I would take it over Bringing Up Baby (1938) and His Girl Friday (1940) any day of the week.

In The Criminal Code the bywords of District Attorney Walter Huston is that where there is a crime, someone has to pay. Or if you can't do the time, don't do the crime as a later philosopher named Tony Baretta opined. And it's Huston's job to set the price when he prosecutes.

But Huston recognizes that young Phillips Holmes with a proper criminal defense attorney might do little time or even be acquitted. He smashed some poor guy's head in with a full bottle of bootleg hooch when he thought he was going for a gun. Still Holmes is convicted and he gets a ten year sentence.

Fast forward several years and Huston is no longer the District Attorney, he's now the warden of the prison that Holmes is incarcerated. Huston gives Holmes a chance and he makes him a trustee. Huston's daughter Constance Cummings even falls for Holmes.

But they have a different code among the convicts in prison and the biggest commandment is thou shalt not rat. When Boris Karloff does a particular rat in Holmes almost takes the fall for it because of that code.

The leads do a fine job in this, but the performances of Boris Karloff as the hardened convict and Clark Marshall as his victim really do stand out in The Criminal Code. Marshall especially, you can really feel his fear in his performance.

Beginning originally as a Broadway play, The Criminal Code was remade twice by Columbia Pictures, Harry Cohn not being one to let a good property go to waste. The two remakes are Penitentiary with Walter Connolly and John Howard and Convicted with Broderick Crawford and Glenn Ford.

The film holds up very well because the themes are eternal. Criminals have to pay the price when caught and rats are just as unpopular as ever.

Boris Karloff appeared on the stage of the Belasco Theatre, New York City in the role of Galloway in a Martin Flavin stage play. It was a minor part, however, it was an important one: Galloway, the prison trusty who becomes a killer. On the strength of his performance, he was soon cast in the film version. During 1931-32, twenty-three of his films were released, an average of nearly one a month which included Frankenstein. Criminal Code was the big break Karloff was waiting for and he never gave up acting until the very end.