Dowis v. McCurdy

Eberhardt, Judge,

dissenting, (a) As is indicated in the opinion the court has been in much travail relative to the holding in the third division. Because of shifting views of the court the main opinion has now been written, at various stages, by three judges. Except for this one problem the court has been and is in unanimous agreement, and there has been no change *497in our views save as to that. A reading of the third division discloses that the majority recognize that the charge excepted to is not a good or proper one. They have, it seems to us, simply concluded that the error was not harmful,…