State ex rel. Bechert v. Jasper Circuit Court

Dissenting Opinion

Jackson, J.

I am unable to agree with the conclusion reached in the majority opinion and dissent thereto.

The majority opinion herein is predicated entirely on the erroneous opinion on rehearing rendered in the case of State ex rel. Brosman v. Whitley Circiut Court (1964), 245 Ind. 259, 198 N. E. 2d 3 which vacated the opinion in State ex rel. Brosman v. Whitley Circuit Court (1963), 186 N. E. 2d 881. Both cases, together with the dissent in 198 N. E. 2d 3 are by reference incorporated herein and made a part hereof.

The extension of the faulty and tortured reasoning existent in…