State v. ONE 1972 PONTIAC GRAND PRIX, ETC.

While I agree with the result reached by the opinion written by the Chief Justice, I cannot condone the judicial rewrite of the statute involved to either accommodate the construction given to the statute by the office of the attorney general or the making retroactive of Section 42-19 of Chapter 158 of the Session Laws of 1976 which does not become effective until April 1, 1977 (See § 43-8, Ch. 158, S.L.1976)

It is too well established to be open to question that this court

“will pass on the constitutionality of a law only when necessary to the determination upon the merits of a cause under…