People v. Budd

Memorandum. The defendant was denied a fair trial as a matter of law.

Though both sides were represented by able and experienced counsel, from the beginning to the end the Trial Judge omnivorously and intolerably injected himself into the trial, monopolizing it by excessive and prejudicial questioning throughout.

The defendant admitted firing the fatal shot in this barroom brawl. There was no question of identity. There was no charge of premeditation. There was no denial of intent. In short, the issues were neither complex nor subtle. Yet, the unrelenting pressure the trial court exerted…