Roberson v. State

(dissenting.) I cannot agree with the majority opinion. I feel that there is confusion, and due heretofore in large measure to my inability to clearly derive a proposed exception to a well recognized rule of law. The opinion goes to great length in explaining the recognized rule, with which I find no fault as a general proposition, but does not adequately give consideration to the exception, but summarily condemns it.

This thought is supported by the fact that it was not deemed necessary to set out the facts in the case, and several readings of the opinion fail to reveal the mentioning one…