State v. Hopkins

(dissenting) : I think that for two reasons the order refusing the defendant’s motion for a new trial should be reversed:

1. The order was, in part at least, based upon an erroneous conception of the law. His Honor held, as stated in the opinion of the Chief Justice, “that J. B. Frazier, Jr., by signing the affidavit beyond the presence of the Magistrate, and having had it returned to the Magistrate with his signature thereon, ratified it, and ‘to all intents and purposes it became a good and valid warrant, sufficient to authorize an arrest.’ ”

It is impossible to say how far this palpable…