State v. Gale

Layton, J.:

In State v. Waters, 11 Terry 257, 128 A. 2d 556, January 7, 1957, I denied the State’s motion to dismiss defendant’s appeal in a similar case upon the authority of State v. Stevens, 3 W. W. Harr. 479, 139 A. 78, adding by way of a footnote, “If there is merit in the Attorney General’s argument that the right of appeal in this instance should be limited to a review of the sentence above and not amount to a trial de novo, such contention is not properly before me at this stage of the proceeding.” However, the question is now squarely raised.

Prior to an examination of the language of…