Baker v. State

Dissenting opinion on denial of petition for rehearing delivered March 18,1963.

Paul Ward, Associate Justice.

The majority has denied the petition for a rehearing in this case. Although J helped to make the original opinion, I am now convinced it was wrong and that the petition for a rehearing should be granted. My reasons for this change in position are set out hereafter.

One. The opinion (236 Ark. 91 at pages 92, 93) sets out as the first error the refusal of the court to allow appellant to tell the condition of his wounds. This assignment cannot be considered by us because no exceptions were…