Krucheck v. State

RAPER, Justice, Retired,

dissenting, with whom

ROONEY, Chief Justice, joins.

I dissent and would have affirmed.

*1226The substance of what follows was intended to be the opinion of the court when first circulated but, due to the vicissitudes of the appellate process could not gather a majority, so it now assumes a dissenting posture. There is more to this case than has been discerned by the superficial and airily abstract views of the majority. The weakness of the majority lies in the facts and all the procedure, including instructions, followed by the trial judge so I will considerably enlarge upon…