Latham v. State ( 1949 )

Wenke, J.,

dissenting.

I dissent from that part of the majority opinion which holds that the trial court, by using the language quoted from its instruction on the subject of the credibility of witnesses, committed prejudicial" error requiring a reversal. The reasons for my dissent are the same and sufficiently stated in my dissent to the majority opinion in Schluter v. State, 151 Neb. 284, 37 N. W. 2d 396, and will not be restated here.

Carter, J., concurs in this dissent.