State v. O'Donnell

(dissenting) — -In my opinion, there was no prejudicial error in the trial of this case by the remarks of the prosecutor in his opening statement to the jury, nor is it good legal logic to say:

“The appellants are safely held in the King county prison without bail and may be tried again without great inconvenience to the state, except in the matter of expense.”

The majority also say:

“If, on the other hand, we condone the admittedly irregular procedure occurring in the trial, ‘ ’Twill be recorded for a precedent, And many an error, by the same example Will rush into the state’.”

In this case, the…