People v. McAllister

Oliver Wendell Holmes once wrote, in dissent: “ I do not suppose that civilization will come to an end ¡whichever way this case is decided. But as the reasoning which prevails in the mind of the majority does not convince me * * * I think it proper to express my views.”1 So here. A most respected and able colleague has already impressively spoken on the subject here involved as “ a ease of first impression ”,2 3and there can be little cavil that there is some logic to sustain his conclusions. But there are other aspects of this problem which, when further probed, invite modification of his…