State v. Hebert

On Rehearing.

By the WHOLE COURT.

DAWKINS, J

This case having been heard on rehearing by the entire court, we have concluded to adopt the views expressed in the dissenting opinion of Mr. Justice LAND handed down when the case was first heard before division A, as they appear more nearly in accord with the jurisprudence. In doing so, we also wish to point out the differentiating features of the cases cited by the Chief Justice, in support of the conclusion reached in the opinion delivered by division A. The three cases cited and relied upon by the Chief Justice are: State ex rel. Tarquino v.…