Zelma C. Wyche v. C. E. Hester

I concur in that portion of the majority opinion which holds that Wyche was not, at the time of his trial, entitled to a jury.

I regret the necessity for emphatically dissenting to the remainder of the majority opinion holding .that Wyche is entitled to an evidentiary hearing. That regret is sharpened by the belief that the majority inflicts an unwarranted Sunday punch upon the already sagging ability of local governments to enforce their laws against crimes of violence.

I think this case should have been affirmed on the able (and, in my opinion, unassailable) opinion of the District Court, 273…