Kemp v. Stanley

On Rehearing.

The majority ruling in this case, so far as it forbids the Attorney General to intervene in and take charge of a criminal prosecution, is a reversal of the jurisprudence on the subject. Every member of the court, as then constituted, subscribed to the opinions which are being overruled now. Two members of the court, as now constituted, were not members of the court when the Major case was decided, and one of them was not a member of the court when the other cases were decided. But their predecessors concurred in those decisions, making them unanimous.

The principal error in the…