State v. Johnson

I cannot agree with the majority’s reasoning or conclusions, for I find reversible error shown by two of the bills of exceptions presented for this court’s review.

Bill of Exceptions No. 5 was reserved to the trial court’s denial of defendant’s motion for a transcript of the proceedings of the previous trial which had resulted in a mistrial. The per curiam of the trial judge simply states that the defendant had no right to this transcribed record for use in a subsequent trial. In this the judge erred, and the majority has endorsed his error.

A long line of United States Supreme Court cases has…