Thacker v. State

Felton, Justice,

dissenting from the judgment and from the ruling of the majority in Division 11 of the majority opinion.

1. I have cited cases in this dissent which control over the cases cited by the majority as they are older cases and state the true constitutional principles even when no harmful effect of what was done is shown, though in this case harm may have resulted. This decision is contrary to our own Constitution and that of the United States. It deprives the defendant of due process and of the equal protection of Georgia law. Code Ann. § 2-104 (1945 Const., Art. I, Sec. I, Par. IV).