Duke v. State

HARWOOD, Justice (dissenting).

I agree with the view of the majority of my brethren that the Court of Criminal Appeals should have treated the federal constitutional question presented to it.

I am not, however, in agreement with the majority in their action in remanding this case to the Court of Criminal Appeals for consideration and treatment of the constitutional question.

It is true that Act 987, General Acts of 1969 (carried forward as Sections 111(1) through 111(33), 1958 Recompiled Code) creating the Court of Criminal Appeals and Court of Civil Appeals, omits Section 87, Title 13, Code of…