concurring. Not deeming it necessary in the present case to express an opinion upon all the questions discussed in the opinion of the Chief Justice, I concur in his conclusion, on the ground that this court ought, ex officio, to notice the repeal of laws, and that it cannot affirm a judgment based on a repealed statute, and condemn one to death without legal authority. State v. O’Conner, 13 An.; State v. King, 12 An. 593.
Buchanan, J., concurred in the above opinion of Judge Cole.