Smith v. State

CARR, Presiding Judge.

This case was originally assigned to Judge PRICE.

The members of the court found themselves in disagreement and unable to reach an unanimous conclusion as to certain controlling questions, so we certified these to the Supreme Court.

In the opinion now prepared by Judge PRICE, there appears the response of the Supreme Court to our abstract questions, and also a delineation of additional testimony given by Dr. J. B. Wiley. These facts are sufficient to form the basis for my views.

The Supreme Court held in effect, 82 So.2d 296,1 that a physician who is qualified *163and licensed…