State v. Atwood

I respectfully dissent.

The Supreme Court of the United States adopted Rule 52 of the Rules of Criminal Procedure. 18 U.S.C.A., rule 52. Rule 52(b) reads as follows:(b) Plain Error. Plain errors or defects affecting substantial rights may be noticed although they were not brought to the attention of the court.

The purpose of this rule is to avoid a clear miscarriage of justice. Moore v. United States, 399 F.2d 318 (C.A.Ga.1967), cert. den. 393 U.S. 1098, 89 S.Ct. 893, 21 L.Ed.2d 789.

In United States v. Atkinson, 297 U.S. 157, 56 S.Ct. 391, 80 L.Ed. 555 (1936), Justice Stone said:

In exceptional…