In Re Appeal of Goodfader

CONCURRING OPINION OP

LEWIS, J.

I concur in Avhat is said in the opinion of the court to and including note 4, though Avith reservations as to the significance of the last paragraph of the ..quotation from Blair v. United States, 250 U.S. 273, 281. I also concur in Avhat is said toward the end of the opinion, concerning deponent’s contention that the trial court refused to exercise judicial discretion and held it had. no discretion; at the hearing held May 11, 1959 the court both recognized and proceeded to exercise the discretion possessed by it.

I am persuaded, however, that in. the posture of…