State v. Owen

I am of the opinion that the judgment of conviction should be reversed and a new trial ordered — this not only in fairness to the state, but also to the appellants. There is no precedent that has been called to our attention where the penalty imposed was reduced because of erroneous rejection of offered testimony, or reversible errors committed.

I do not concur in the holding that the errors assigned and complained of, and by the majority opinion found to exist, can only be material as effecting the punishment to be imposed. The real question presented is whether or not the guilt of the…