State v. Garcia

(dissenting) :

I dissent. Defendant was convicted of the crime of burglary in the second degree. There is no contention made that he was innocent or that there was any error in the trial of his case. The only reason the court gave for arresting judgment and setting the defendant free was that the court had accepted a plea of guilty from the co-defendant to a lesser charge.

If there is any miscarriage of justice, it would seem to be on the part of the court in accepting a plea from the co-defendant and thus allowing a burglar to escape his just desserts — not in the conviction of the defendant.

Th…