State v. Myers

(concurring). — I concur in the principal opinion but desire to add a few words on the ruling made therein that the trial court properly excluded the appellant's cloth gloves from evidence because the proof was insufficient even prima facie to show they were in the same condition when later tested by a chemist as when they were taken from the appellant. There was good reason for thinking nitroglycerin had been used in blowing up the bank safe. No fingerprints were found on it, indicating the burglar had either worn gloves or had wiped his finger prints from it. The gloves were taken from the…