People v. Van Cleave

I dissent. The majority opinion admits, without qualification, that “there was sufficient evidence to support the verdict. ’ ’ The further analysis of the evidence made “in order to determine whether there has probably been a miscarriage of justice,” because of the errors committed by the trial court, does not, in my opinion, establish that the case was “a close one.” The evidence in the case, aside from, and unaffected by, any errors of the trial court, being sufficient to support the conviction, no miscarriage of justice resulted.

Richards, J., concurred.

After a careful reconsideration of this cause, we are pleased to adopt in part, as follows, the opinion of Mr. Presiding Justice Works of the Second Appellate District, as the opinion of this court in bank herein:

The next claim is that the trial court committed prejudicial error. We quote further from the opinion of the District Court of Appeal, as follows:

The judgment and order are reversed.

Langdon, J., Curtis, J., and Seawell, J., concurred.