Simer v. State

(dissenting.)—From my conception of the facts and law of this case I think the court is in error in reversing and remanding it, and I am so thoroughly convinced that I am constrained to enter my dissent.

Notwithstanding the statement of the case in the opinion of the court, I think I can make the matter clearer by restating it from my standpoint, and which is unquestionably correct, from the record.

The gist of the allegation in the indictment is that the defendant Simer, “on or about December 15, 1907, in the presence and hearing of Jerry Christenson, said of and concerning Nona Maynard, in…