Wardell v. McMillan

CARDINE, Justice,

specially concurring.

I concur in the result reached in the court’s opinion but not in the reasons therefor. Appellant Wardell is entitled to a new trial because he was allowed three peremptory challenges while appellees’ side of the case was allowed six and because the trial court refused him an extra peremptory challenge for the impanelling of alternate jurors, all in violation of W.R.C.P. 47(b). The court’s discussion beyond the alternate juror peremptory challenge question is advisory and unnecessary to the decision in this case. However, having undertaken discussion of…