State v. Gooder

I regret that I am unable to agree with my colleagues in this case. As late as July, 1928, all members of the court as now constituted, except Roberts, J., reaffirmed the prior rule of this state and said: “Having therefore, taken a position which is in accord with the decisions of the great majority of states, and which is approved, at least in some of its parts, by federal decisions, we would not now recede from that position, unless convinced: that such position was erroneous.” State v. Hoffman, 53 S. D. 182, 187, 220 N. W. 615, 617. Yet, when we examine the reasons for the change in our…