People v. Penn

I dissent and vote to reverse the judgments of convictions.

I know that my brethren not only are tolerant of opposing views in themselves but cordially embrace the free expression of them. Indeed, such freedom of expressing all viewpoints, whether acquiescent or dissident, is not only a duty but the reward of service in a multiple court.1 In an ancient and highly developed system of law, it was a rule that a court that was uniformly unanimous was one to be shunned — it was dissolved and its membership reconstituted. In our country dissent is regarded as salutary for the development of sound…