Smith v. State

I think that the conclusion arrived at in the majority opinion is necessitated by the authorities there cited, and I therefore of necessity concur. It is my opinion, however, that the rules first established by this court and followed by the Court of Appeals are to some extent fundamentally unsound, and' should be modified. It is not my view that a defendant should ever be deprived of any portion of the guaranties given by the bill of rights. It is generally understood that it was because of the understanding that they would be immediately embedded within the constitution by amendment as a…