State v. Walton

GEORGE M. FLANIGAN,

Special Judge, dissenting.

I respectfully dissent.

I disagree with the majority opinion’s disposition of defendant’s second point. In my view, the trial court clearly abused its discretion in overruling defendant’s challenge for cause to Mary Steffens, a member of the venire. I do not disagree with the principles set forth in the majority opinion’s treatment of defendant’s second point but, in my view, the majority opinion misapplies those principles to the peculiar facts which the record discloses.

It is rare for the testimony of a defendant in a burglary case to be in direct…