Powdrill v. State

(dissenting).—I did not participate in the decision in the case when it was originally handed down, not being present. I was present, however, when the motion for rehearing was overruled. That I may not be regarded as consenting to the affirmance of the ease and the manner in which it was affirmed, I will make a few observations by way of dissent.

The case shows clearly, as found in the transcript of the evidence, that in 1907, appellant’s wife sued him for a divorce. The deceased, the eldest son of appellant, took an active part with his mother against the appellant in that matter. That suit…