State v. Reppert

I dissent from the decision of the majority in this case. I do so for the reason that in my opinion the .defendant has had a fair trial. He has received the judgment of his peers on the charges against him, and has assigned no error which, in my judgment, prejudiced his defense. The trial may not have been a perfect one — few are — , but a defendant charged with a criminal offense may not insist on a perfect trial.

There may be some confusion respecting the application of the presumption of prejudice where error has been committed in the trial of a criminal case, and the rule that to justify…