Breithaupt v. State

SADLER, Chief Justice

(concurring in part and dissenting in part).

The opinion written by Mr. Justice McGhee for the court correctly determines the question submitted and invokes my concurrence. My disapproval relates only to so much of it as predicts what we would do if a supposed state of facts were presented. The opportunity for error is multiplied in exact proportion to the number of times we volunteer our views on supposed facts. Possibly, when confronted with grounds in the facts for a delayed appeal, my views will accord with those expressed by the majority today. Nevertheless, I should like to feel free to hold otherwise if they do not. I think decision of the question should abide the day when we must decide it. It is unnecessary to do so now.