In Re Pratt

DUNN, J.*

respectfully but vigorously dissent from the judgment of my colleagues. In my_view they misperceive the essential issue raised by *888this petition. Whether or not the evidence which was presented at the trial points unerringly to the defendant’s guilt is not the fundamental is*889sue, because in any trial if an effective defense is throttled there can be no conclusion other than one of guilt. The basic immediate question be*890fore this court is whether the petitioner was afforded due process in his trial; that is, was the conviction procedure, when examined as a whole, fundamentally fair?

A…