State v. Eberhardt

White, C. J., Carter, and Messmore,, JJ.,

dissenting.

We dissent to the overruling of the motion for rehearing in this case. In the previous dissent filed in this case by Carter, J., attention was called to the fact that there was ample direct evidence, flowing from the admissions of the defendant, to support the jury verdict of guilty. When the arresting officer asked the defendant about the beer, he responded, “I have just got it,” and afterwards asked the officer to give him a break. However, it is not the purpose of this further dissent to elaborate this position.

It is true that knowledge…