People v. Mitchell

Defendant has been convicted of murder in the first degree and a careful study of the record and briefs satisfies us that the verdict is fully supported by the evidence and that the trial is free from reversible error in the charge and in the rulings on admission and exclusion of evidence. Expression of opinion, however, is required in respect to the constitutionality of section 358-a of the Code of Criminal Procedure, as added by Laws of 1933, chapter 588, and the effect of the operation of this statute upon defendant’s substantial rights. This is the language of the statute: “ Whenever, in…