Spears v. State

*129I dissent -with considerable reluctance. My colleagues have given careful and dedicated study to this case, and I have great respect for their collective judgment. In cases of this kind the real problem of the courts is to balance the rights vouchsafed to the individual with the rights and the needs of the community and the State. It is nearly impossible to try a criminal case of any importance without some error being committed, and I believe that within the framework of the guarantees of the law and the Constitutions an appellate court should view errors in the perspective of Miss. Rules…