Millwood v. State

Dissenting Opinion.

Smith, O. J.,

delivered a dissenting opinion.

The amendment just made by the Court to paragraph (c) of Section 1974 of the Code of 1930 may be, and I am inclined to think is, a good one, but to make it is the province of the Legislature and not of this Court. All that paragraph (c)' of that section of the Code, as written, requires to support a sentence imposed under it is that the conviction on which the sentence is imposed shall be ‘ ‘ after having been twice convicted of its [the section’s] violation. ’ ’

My associates do not hold otherwise, but they say that language…