Erler v. State

McCAIN,

Judge (dissenting):

I respectfully dissent for the following reasons.

Defendant, appellant herein, was charged, tried by jury, convicted and duly sentenced for the crime of second degree murder. I would reverse and remand for a new trial.

The reversible error lies in the trial judge’s comments directed to the defense which permeate the record. The trial judge also visited reprimands upon the prosecution during the progress of the trial; however, two wrongs do not make a right.

Typical of the comments alluded to above are the following.

Upon cross-examination of a state’s witness, the trial…