Davis v. Payne

MoBRIDE, C. J.,

Dissenting in Part and Concurring in Part. — Upon the main question I agree, with some hesitation, with the dissenting opinion of Justice Bean; but accepting, as I must, the opinion of the majority that there is error requiring a reversal of the judgment, there arises a question of procedure as to the particular judgment that should be rendered. It seems plain to me that a new trial will not avail the defendant in this case and will only entail useless expense. It is a case directly appealable to the Supreme Court of the United States and upon *115that question I agree with Mr.…