Ash v. State

in which ROSE, Justice, joins.

By application for rehearing timely filed herein appellant sought to have this court consider a then unreported decision of the United States Court of Appeals for the District of Columbia Circuit1 and has since furnished us with a complete copy of the opinion as rendered by that court. A majority of this court have elected to deny the application without further opinion. Although the matter has been presented by counsel in somewhat informal fashion,2 my own perusal of the proffered opinion strengthens the conviction expressed in my previous dissent that this…