Rowe v. State

Henderson, J.,

filed the following dissenting opinion, in which Bruñe, C. J., and Hammond, J., concurred.

We are unable to agree with the reasoning of the majority of the Court in this case and we think the result both unjust and unsound. A relatively minor objection to the opinion is that it leaves unanswered a question which should be answered. A more serious objection is that it decides the case on a question not presented and on a proposition not advocated by either side. A still more serious objection is that the theory of law upon which the case is thus decided seems quite erroneous.

The…