Viley v. State

ON- REHEARING.

October 18, 1922.

LATTIMORE, Judge

(dissenting). — My brethren think because of what it termed the peculiar wording of the indictment herein that the State could not dismiss or abandon the capital feature of the robbery charged against appellant, and that error was committed in refusing his request for a special venire. I do not agree with them, unless we overturn what seems to be a settled doctrine in this State under the opinions of such jurists as Judge White, Davidson and others, including the present presiding judge, that the State had the right in a case such as this to…