Leo v. State

A careful perusal of the record of the prosecution of the plaintiff in error (defendant below) leads to the conclusion that the judgment of conviction ought not to be permitted to stand, and this altogether without regard to the merits of the question of guilt or innocence of the accused. To affirm the judgment does violence to well-settled and recognized rules of practice and procedure in criminal prosecutions, and establishes a precedent that would be in violation of our conception of the rights of every individual charged with crime, and of safeguards thrown round him in a prosecution for…