dismissing proceeding but expressing an opinion on question sought to be reviewed “because, if the court entertains now views which might later cause a reversal of a conviction of this prisoner and necessitate a second trial, it seems desirable that those views should be expressed while the case is before the court”
How later courts described this case
- dismissing proceeding but expressing an opinion on question sought to be reviewed “because, if the court entertains now views which might later cause a reversal of a conviction of this prisoner and necessitate a second trial, it seems desirable that those views should be expressed while the case is before the court”
Written by the judges who cited it.
The opinion
Parke, J.,
dissents on the ground that, in his opinion, neither the record nor any facts of which the court can take judicial cognizance shows an abuse of discretion by the nisi prius court.