State v. Walker

*938Garfield, J.

(dissenting) — I respectfully dissent.

I think the majority reverses the judgment upon a proposition not raised in the district court and upon a claimed error not assigned here, contrary to our repeated holdings this will not be done and notwithstanding defendant has been represented at all times by counsel of long experience.

Some further statement of facts seems desirable. When defendant, with his counsel, pleaded guilty on February 18, 1954, the entry made by the district court contained this recital: “Thereupon representations are made by defendant and his counsel to the court…