Byers v. Territory

It is contended that there is an irreconcilable conflict between the original opinion in this case and the principles announced by this court in the later case of Price v.United States, 101 P. 1036. If this contention is correct, then this court should recede from its position in the one case or the other.

The gravity of the case and the importance of the question raised has caused the members of this court to re-examine thoroughly the grounds upon which these two cases rest to discover if there is any conflict between them, and, if so, which decision is best supported by reason and authority.…