Blackerby v. Commonwealth

Dissenting Opinion by

Chief Justice Sampson.

I cannot agree with the conclusion reached in the majority opinion reversing the judgment. I therefore dissent.

The few slight errors- occurring at the trial and pointed out and made the basis for the majority opinion reversing the judgment were not and could not have been, it seems to me, prejudicial to the substantial rights of appellant; and this court, by section 353, Criminal Code, is only authorized to reverse a judgment of conviction in a criminal case when it is satisfied from a review of the whole case that the substantial rights of appellant…