Loftis v. State

*707DISSENTING OPINION

ONION, Judge.

I cannot in good conscience agree to the affirmance of this conviction. A matter of plain and simple fundamental unfairness is here involved. This appellant should not have been forced to trial on his plea of not guilty at the same time and before the same jury, who was required to find his co-defendant, with whom he was. jointly indicted as acting together, guilty upon her plea of guilty and to assess her punishment while attempting to pass on the issue of appellant’s guilt or innocence under a charge on principals. Cf. United States v. Wilcher (CA7) 332 F.2d…