People v. Bryant

SEAWELL, J., Dissenting.

I dissent. This case was originally decided by this court January 15, 1929 (273 Pac. 795), and upon a rehearing granted, a majority of the court have joined in the above decision, which holds contrary to said original decision. Nothing said in the main opinion has caused me to depart from the views as set forth in said original decision and I, therefore, adopt so much of said decision as may be necessary to state the situation and the law applicable thereto:

“It is not disputed that the record on appeal is sufficient in every respect excepting the failure on the part of…