Whited v. Commonwealth

To dissent from the conclusions of those whose judgment through long years of association we have learned to respect and to value should cause a searching out of hearts, for pride of opinion is a pit into which many, moved by the best of motives, fall. But if, upon mature consideration, another conclusion seems to be inevitable, then the path is plain.

In order to justify my conclusions, I find it necessary to restate the case as I see it and to copy at a regrettable length much of the evidence, for it is upon the evidence that this case turns.

The plaintiff-in-error, Wilmer Whited, was…