Essery v. State

(concurring).—Before the original opinion by Judge Harper was handed down December 17, 1913, we fully and more than once considered in consultation this case and the questions therein. At that time Judge Davidson dissented, but did not then prepare any dissenting opinion. Promptly thereafter appellant made a motion for rehearing, and the ease again was held in consultation for some time. On January 14, 1914, the motion for rehearing was overruled without any written opinion. At once after the motion for rehearing was overruled by the court, Judge Davidson filed his dissenting opinion. Neither…