The People v. Brothers

Dunn and DeYoung, JJ.,

dissenting:

The evidence in the record in regard to the identity of the plaintiff in error as the murderer of Lingle is exceedingly contradictory. As set out in the opinion of the court, of the witnesses who saw the man who fired the fatal shot and fled from the scene of the crime an equal number stated that the plaintiff in error was the man and that he was not. It is hardly practicable to set out or discuss in detail in an opinion all the cross-examination of each witness and all the evidence of circumstances tending to contradict or to corroborate each witness, and it…