McCall v. State

(Dissenting). — I cannot agree with the court in the disposition made of this case. This proceeding is technically what is known as an “agreed case.” While it is criminal in its form, it is brought for the purpose of obtaining the opinion of the court as to whether or not what is commonly known as race-track gambling is permissible through the operation of the pari mutuel system of betting. It is obvious from an examination of the record presented that the end •sought is not an adjudication by the court of the guilt or innocence of the defendant, but a judicial expression which will determine…