Davenport v. State

IN RESPONSE TO SUGGESTION OF ERROR.

The opinion handed down in this case on the former hearing merely stated in brief the views of the different members of the court without the reasons therefor. In response to the suggestion of error, I feel called upon to give more fully the reasons controlling the conclusion reached by me.

As it appears to me, the members of the court holding that the statute involved applies to criminal prosecutions are sticking in the bark — they fail to go to the heart of the question. They are controlled by the letter of the statute; they cannot get away from that. The…