Stallings v. State

Dissenting Opinion

JACKSON, J.

I am unable to concur in the conclusions reached by the majority opinion herein and dissent thereto.

*113This is the companion case to one entitled Mary E. Schooler v. State of Indiana, being numbered 30662 on the dockets of this Court, decided July 8, 1966, and reported in 218 N. E. 2d 135. By reference such case and my dissent therein are hereby incorporated and made a part hereof.

The affidavit in the case at bar, omitting caption, formal parts and signatures, reads as follows:

“Undersigned being duly sworn upon oath, says: That on or about the 29 day of August, A.D.,…