Dyke v. Commonwealth

I cannot bring my mind to assent to the reasoning or conclusion of the majority opinion in this case. As I see it, it has fallen into error, first by failing fully to recite and consider all of the material facts and proceedings; and, second, by ignoring words of a plain, simple and unambiguous statute. It has added a qualification to the provisions of the statute, and thus given effect to what it thinks the legislature ought to have done rather than to what the legislature said should be done.

The facts of the case are simple and uncontradicted. Yet they are not as accurately stated in the…