State v. Bretz Cline

LeROY L. McKINNON, District Judge, sitting for JUSTICE SHEA,

dissenting.

I respectfully dissent from the foregoing opinion.

The majority opinion has found merit in two of the issues raised on appeal. The first of said issues relates to a charge in the information, and to instruction number 6, covering said charge.

The charges: “Count Six: Conspiracy to commit the crime of perjury by encouraging Walter Lee Fox and John Eugene Hendricks to make false statements under oath or equivalent affirmation”, emphasis added.

No proof was offered as to John Eugene Hendricks. No motion was made to conform the…