Philpot v. State

Along with the questions certified to the Supreme Court was an appended opinion by Cates, J., in which neither of the other judges of the Court of Appeals concurred.

The following is an abridgement of that earlier opinion. The separate opinion of partial concurrence filed by Cates, J., refers thereto.

*333In State v. Madison, 240 Md. 265, 213 A.2d 880, Madison, unlike Schowgurow, belonged to a faith believing in a Supreme Being.

The State argued therefore that he had no •standing to complain of being indicted and tried by juries of believers.

After reviewing Walter [Walter v. State, 208 Ind. 231, 195…