Mode v. State

This case is before us for the second time. I was convinced that the judgment in the former appeal, Mode v. State, 231 Ark. 477, 330 S. W. 2d 88, should have been affirmed and so voted. In that case I found no reversible error nor did I find any erroneous extension by this Court of the basic rules of criminal procedure. I view these rules as sacred rights which belong to every accused whether that person be guilty or innocent and consider any court’s extension of those rules beyond its province.

The majority’s discussion of appellate procedure in felony cases gives me much concern. The…