Franklin v. State

with whom Mowbray, J., joins:

I am not in accord with the views expressed by the majority and cannot acquiesce in the reversal. The effect of the majority opinion is that should the State decide to institute a third prosecution of appellant, it must hope for the continued cooperation of accomplice Swift within the framework of gratuitous limitations set forth by the majority proscribing the use of his prior testimony and further expend, in my view, unnecessarily, substantial public funds in a protracted trial in an effort to again prove appellant’s guilt.

Essentially, appellant charges error…