People v. Stewart

Harwood, J.,

dissents and votes to reverse the judgment appealed from, on the law and as a matter of discretion in the interest of justice, and to order a new trial, with the following memorandum:

In this case which rests essentially on the credibility of *734witnesses from each side of a conflict between feuding neighbors, I cannot agree with the majority that we should excuse, as harmless error, judicial conduct which it concedes "clearly fell outside the acceptable bounds of discretion”. I therefore dissent and vote to reverse the judgment appealed from and to remit the matter for a new trial.

As…