Jones v. Cook

(dissenting in part). — I agree with Mr. Justice Buford in his construction of the statute, Section 140 of the Criminal Procedure Act, but I do not think that this necessarily means that the judgment below should be reversed. The last paragraph of the opinion in the case of Kir v. Morrison, 108 Fla. 144, 146 So. 215, which is quoted in the opinion of Mr. Justice Buford, was not, in my judgment, intended to set a general rule to be followed in all cases. It was considered as appropriate in that particular and rather unique case.

I think this Court should avoid any widening of the scope of the…