Boutwell v. State

I agree with Judge RICE that the testimony of Mrs. Resmondo was without possible prejudice to defendant, so, if erroneously admitted, under the rule now prevailing, a reversal cannot be rested thereon. The rule of review, since the adoption of Rule 45, is not as quoted (dissent hereinabove) in the Maxwell case, supra. Now, substantial error is not presumed. It is appellant’s burden to show it. And “no judgment may be reversed * * * (for) the improper admission * * * of evidence * * * unless in the opinion of the court to which the appeal is taken * * * after an examination of the entire…