Lanham v. State

CONCURRING OPINION

Roll, J.

—I concur in the reversal of the judgment in this action, but I cannot agree with the reasoning of the majority of the court or the interpretation placed by them upon the statute in question.

There is no sounder or better settled rule of criminal law, than the one relating to certainty and definiteness. From the very nature of things it is altogether necessary that a criminal statute, to be enforcable, must so clearly and so definitely define the crime that every one could be able to determine with certainty when he is violating the statute. This rule of law was very…