Bailey v. State

DISSENTING OPINION

ON APPELLANT’S MOTION FOR REHEARING

ROBERTS, Judge.

I

The following is the opinion originally prepared and submitted to this Court on rehearing by the Honorable Carl E. F. Dally, Commissioner for the Court. I adopt it as Part I of my dissent to the majority’s disposition of this case on rehearing.

“The appellant’s motion for leave to file a motion for rehearing was granted. We now agree that appellant’s first ground of error was improperly decided. The motion for rehearing will be granted.

“The appellant knew he was the principal beneficiary of the deceased’s will. The…