Parker v. State

Partially Dissenting Opinion.

L. A. Smith, Sr., J.,

delivered a partially dissenting opinion.

It is always with diffidence that I venture to disagree with the collective learning and wisdom of any majority of my associates here, but sometimes I am impelled by the force of my own strong convictions to do so. This is one of such occasions, and I respectfully express my dissident views, because I am convinced that a fine piece of remedial legislation is being emasculated by having the heart taken out of it. To me it is manifestly a mandatory statute, designed to avert opportunities for trial judges…