Crowl v. State

DISSENTING OPINION TO THE OVERRULING OF STATE’S MOTION FOR REHEARING WITHOUT WRITTEN OPINION

McCORMICK, Judge.

Today I find myself once again amazed, as I am sure many judges and trial attorneys will be, at the ease and ability of this Court to abandon what appeared to be established principles of law in favor of a snowballing doctrine known as fundamental error. On February 5, 1975, this Court, without the necessity of citation of authority held:

“The plain language of this section leaves no doubt but that it was the legislative intent that any derivative of coca leaves, including cocaine, be…