I concur in the result, but believe the court should decide, definitely, whether the appeal can be prosecuted by the state on relation of the warden of the penitentiary. The opinion leaves me in doubt as to what the decision is on that question.
I concur in the result, but believe the court should decide, definitely, whether the appeal can be prosecuted by the state on relation of the warden of the penitentiary. The opinion leaves me in doubt as to what the decision is on that question.