Yessen v. State

DISSENTING OPINION

Emmert, C. J.

My brother Gilkison has ably stated the record as well as the legal principles involved, and I agree with his reasoning. However, the importance of the questions presented is of such magnitude that further notice should be brought to the attention of the profession.

The record discloses the prosecuting witness was in fact a neglected, delinquent and incorrigible child of twelve years, and a ward of the County Department of Public Welfare. Appellant was sixty years of age, born in Syria, and was so unfamiliar with the English language that the trial judge as well…