People v. Hernandez ( 1968 )

McGregor, P. J.

(concurring). I agree that the conviction of defendant should be reversed, but not on the ground that an unexplained delay in arrest, allegedly causing undue prejudice to defendant, was a denial of due process. The delayed arrest is only one of a combination of factors which compel my decision. For example, the character and credibility of the witness, Alma Silva, the indications of a “deal” between that witness and the prosecution, the lack of corroborating material evidence, the incapabilities inherent in defendant’s character, and the indignant and unnecessarily severe manner in which defendant was arrested, all coalesce with the delayed arrest to produce the mephitic aroma enveloping this case. The various factors and circumstances together effectively deprived defendant of due process of law.

I vote to reverse.