Opinion
March 1962
For many years it has been the rule of this Court that in felony cases we will examine all alleged errors in the Motion for a New Trial, regardless of whether All of the alleged errors are argued by appellant on appeal. Martin v. State, 206 Ark. 151, 174 S.W.2d 242, Boyd v. State, 215 Ark. 156, 219 S.W.2d 623. The Attorney General has, therefore, felt it his duty to brief all assignments of error in the Motion for a New Trial, notwithstanding, it was obvious that many such alleged errors had no merit.
This procedure has placed an undue burden on the Attorney General and it is not required in a fair administration of the criminal laws. Therefore, in the future, in a non-capital felony case, the Attorney General will be required to brief only those points argued by appellant and such other points as may appear to the Attorney General to have merit. If no brief is filed on behalf of the appellant in a non-capital felony case, the Attorney General will brief those assignments of error in the motion for a New Trial that may appear to be beneficial to the appellant. In all capital cases the Attorney General will brief all issues raised by an objection made by the defendant.