McMartin v. State

1. I am not able to concur in the majority opinion, although quite willing to concede its ■ plausibility and strength of argument. I conceive it to be the duty of ibis court to grant a new trial in a criminal case where it is *300apparent that the trial has been unfair, and thát the defendant in the case has been prejudiced by the fact of such unfairness. The defendant was charged with attempting to bribe a public officer, the county attorney of .Sarpy county. Section 176 of the criminal code, under which the defendant was prosecuted provides: “Every person who shall offer or attempt to bribe a…