State v. Collins

(dissenting)—There are two principal questions in this case, suggested by the state as follows: (1) the complaint on which the conviction was had before the justice of the peace did not state facts sufficient to constitute a crime; and (2) the proceedings before the justice of the peace were contrary to the provisions of the statutes governing proceedings in such cases.

Upon the first contention made, I am convinced the majority opinion in the Departmental hearing was erroneous and the dissenting opinion therein was correct.

As to the second contention, it is to be observed that, while the…