
    No. 20,660.
    The State of Kansas, Appellee, v. B. A. McLemore, Appellant.
    
    OPINION ON REHEARING.
    SYLLABUS BY THE COURT.
    Criminal Law — Errors in Trial — New Trial Ordered. A judgment in a criminal action will be reversed where numerous errors have been committed which affect the substantial rights of the defendant and prevent his having a fair trial.
    Appeal from Bourbon district court; Charles E. Hulett, judge.
    Opinion on rehearing filed July 7, 1917.
    Former opinion reversed.
    (For original opinion of affirmance see 99 Kan. 777, 164 Pac. 161.)
    
      John L. Connolly, James B. Connolly, A. M. Keene, and W. P. Dillard, all of Fort Scott, for the appellant.
    
      S. M. Brewster, attorney-general, James' G. Sheppard, county attorney, J. I. Sheppard, and W. F. Jackson, all of Fort Scott, for the appellee.
   The opinion of the court was delivered by

Marshall, J.:

This cause has been reargued and further consideration has been given to the errors committed on the trial of this action, as shown by the former opinion, reported in The State v. McLemore, 99 Kan. 777, 164 Pac. 161. In the judgment of the court, the errors there disclosed, when all are considered, were of such a nature that it can not be said that they did not affect the substantial rights of the defendant; and it can not be said that he had a fair trial. A majority of the court is of the opinion that these errors did affect the substantial rights of the defendant, and did prevent his having a fair trial. For these reasons, the judgment is reversed and a new trial is granted.

Marshall, J.

(dissenting) : I can not concur in the conclusion reached by the court. The former opinion expresses my judgment.

Mason, J., j oins in this dissent.  