Randolph v. State

Dissenting Opinion

Gilkison, C. J.

I am in dissent with the majority opinion, for reasons as follows:

*69As affecting the issue presented in this appeal, Art. 1, Sec. 1 of our state constitution provides:

“We Declare, That all men . . . are endowed by their creator with certain unalienable rights; that among these are life, liberty, and the pursuit of happiness; . . ,”1

Partially implementing this provision of our state constitution the legislature, long ago enacted a statute as follows:

“A defendant is presumed to be innocent until the contrary is proved. . . .” Sec. 9-1806 Burns’ 1942 Repl., Sec.…