People v. Wilkie

The jury has found the defendant guilty on evidence sufficient to sustain the verdict. However, on this appeal the issue is not the guilt or innocence of the defendant, but simply whether he has received a fair trial. If mere technical errors were committed not affecting a substantial right, we might affirm the judgment of conviction (Code Grim. Pro., § 542). The failure, however, to accord a fair trial is not a mere technical error and affects a substantial right of the defendant. Where, as here, the presence of technical error coincides with the absence of a fair trial, the duty of an…