Legal Opinion · Dissent

Byler v. State

Supreme Court of Arkansas

Decided December 2, 1946No. 4418Published

1DissentBobiNS, J.

I cannot agree that justice requires the granting of a new trial to appellant.

The judge who presided over the trial in the lower court was not related to any party to the action nor was he interested in the matter so as to be disqualified. Newman v. State, 49 Ala. 9; Ingraham v. State, 82 Neb. 553, 118 N. W. 320.

An examination of the record discloses that'the trial judge scrupulously safeguarded every right of the accused and saw to it that he was given a fair and impartial trial.

As to the merits of the case, it may properly be said that the admissions of appellant on the witness stand…

2Cases cited3 opinions

  1. Newman v. StateSupreme Court of Alabama · 1873
  2. Appleton v. StateSupreme Court of Arkansas · 1896
  3. Ingraham v. StateNebraska Supreme Court · 1908

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