State v. Severns

(dissenting) — I feel compelled to write this dissent for two reasons:

First, because I cannot agree with the result obtained by the majority; and, second, I feel that the judges and practicing lawyers of this state are entitled to know the factual background upon which the opinion is rested.

The facts in this case, so far as exhibits Nos. 9 and 10 are concerned, cannot be substantially the same as in the former case for the reason that the exhibits were never offered or admitted in evidence at that trial.

At the time of the commission of the alleged crime, Mr. C. R. House was sheriff of…