State v. Turner

I dissent. There is substantially no dispute in the evidence in this case upon material facts. I think the prevailing opinion too favorably interprets the evidence on behalf of the cause of the State. Circumstances are more favorable to the defendant than the mere words used by the parties. Such conflicts as arise upon matters are collateral and because of different points of view. The defendant and appellant, John B. Turner, operated a restaurant at No. 17 South Third West street in Salt Lake City. On the night of July 7, 1936, the defendant, colored, had in his employ one J. E. Clark and P.…