Royals v. State

Hawkins, Justice,

dissenting. I dissent from the ruling in the 2nd headnote and corresponding division of the opinion, and from the judgment of reversal, for the reason that written evidence is considered of higher proof than oral testimony, and where, as here, the statements of the coconspirator and the defendant were in writing, the written statements were the highest and best evidence, and were properly permitted to go out with the jury. Code, § 38-205.

I am authorized to state that Duckworth, Chief Justice, and Candler, Justice, concur in this dissent.