Holsey v. State

Concurring Opinion

DeBruler, J.

I concur fully in the decision on the merits of this appeal. I do not, however, agree with the final statement in the opinion that a waiver of the right to raise an issue was effected by appellant’s failure to include that point in his Rule 1-14B memorandum, and here re-assert the position stated in my dissent in Graham v. State (1969), 252 Ind. 367, 249 N. E. 2d 25.

Note. — Reported in 254 N. E. 2d 859.