Kestler v. State

DISSENTING OPINION

Emmert, J.

At the close of the first argument in this appeal I was of the opinion that this conviction should be affirmed. However, after I had examined and studied the entire record in this case, which consists of some 250 pages, I became convinced that miscarriage of justice had occurred, and that the verdict was both not sustained by sufficient evidence and contrary to law. Upon a reargument of this case, in which the prosecuting attorney who had tried the case participated, the State presented no facts or law which would authorize an affirmance of this conviction. After a…