State v. Price

BUDGE, C. J.,

Dissenting. — I concur in that portion of the majority opinion relating to the signing of the information by the acting prosecuting attorney, but I am out of accord with that part of the opinion relating to the instruction under consideration and also the question of the sufficiency of the evidence. I think the giving of the instruction complained of did not constitute reversible error. While there is a conflict of authority as to the correctness of the rule stated in the instruction, I think the sound view to be that a forcible retaking of money lost in a gambling game, in…