Smith v. State

ON MOTION TOR REHEARING.

Counsel for the plaintiff in error insist that the Caison case, supra, is in contemplation of law, and of section 6-1611 of the Code, “a unanimous decision rendered . . by a full bench of six” Justices, and that thisacourt is without authority to disapprove it. That séction declares that decisions by a full bench of six Justices shall not be overruled or materially modified, except with the concurrence of six Justices, etc. In the case last referred to, Russell, C. J., and Gilbert, J., were marked as concurring in 'the result. This is not the equivalent of concurring…