State v. Corbin

For the reasons set forth in the opinion, I concur that there was prejudicial error at the trial, and, the majority of the court declining to dismiss the writ of error as improvidently awarded, I concur in the reversal. But it is my view that we should sustain the motion of the state to dismiss the writ of error as improvidently awarded, and remand the case to the circuit court for definite action, either affirming or reversing the judgment of the criminal court. I consider that the defendant’s petition is still pending in the circuit court, awaiting definite action.

There can be no writ…