Masuth v. State

Dissenting Opinion

I dissent from the majority opinion in this case for the reasons herein stated.

This case is a continuation of Masuth v. State (1952), 231 Ind. 265, 108 N. E. 2d 313. After the reversal, the cause was again submitted and tried in the Superior Court of Elkhart County on April 6, 1953, without amendment of the pleadings. The case was re-tried wholly by record evidence, being the same as in the former trial, except petitioner’s exhibit No. 3, was admitted in evidence agreeable with the opinion in the former appeal. This exhibit is lengthy — consuming twenty-five pages of the…