State v. McMahan

BUDGE, J.,

Dissenting. — It is useless and undesirable as a rule to express one’s dissenting views. However, in the instant ease, I feel bound to do so, limiting my views to that portion of the majority opinion overruling what has been the unquestioned, settled law in this jurisdiction since 1917. I will also call attention to the earlier decisions during territorial days and down to the case of State v. Lundhigh, 30 Ida. 365, 370, 164 Pac. 690. The majority' opinion not only overrules the settled law of this jurisdiction, but disregards the great weight of authority from other jurisdictions…