Mingo v. Extrand

Concurring in the result, I am yet constrained to say that in my opinion our decision should be more guarded against any implication that, if the learned trial judge had considered the error in his charge one without prejudice and denied a new trial, a reversal would follow. Personally, I cannot see how the error under the circumstances of this case could have been at all prejudicial. But that point, I agree, may well rest on the decision below.