Dees v. Metts

GARDNER, Chief Justice.

This cause was originally assigned to Mr. Justice BOULDIN. Upon consideration of his opinion by the Court in Division consultation, the writer prepared the following opinion in dissent thereto. And upon further consideration of the cause by the whole Court, the conclusion reached by this dissenting opinion met the approval of the majority and here controls the result. Justice STAKELY concurs in the following opinion in its entirety. Justices BROWN and LIVINGSTON limit their concurrence as indicated in the separate concurring view written by Justice BROWN and found…