State v. Gorham

I dissent. I think the judgment should he reversed and the cause remanded, with directions to grant a new trial. There are four points upon which I must disagree with my associates. I state my position on these matters as follows: (1) The trial court was in error in denying defendant’s motion to dismiss the first count before any evidence was received. (2) The statement by the state’s attorney, and challenged by defendant’s counsel, was misconduct. (3) This action, on the record as made by the state, is not a forgery or violation of section 103-24-1, R. S. 1933, but, if committed, is a…