Custer v. State

I am unable to concur in the proposed judgment of affirmance because I am convinced that at least two errors are shown by the record which require reversal.

My very fixed view is that in reviewing judgments of conviction of crime to determine whether or not a lawful conviction has been had we should not allow ourselves to be influenced by the heinousness of the alleged crime, by the applicable punishment or by the creed, nationality or color of the accused.

This is true because every man is, before the law, presumed to be innocent until he has been tried in a court of competent jurisdiction…