concurring dubitante.
While concurring, but holding serious reservations, with the majority opinion and the judgment of affirmance, I do so with Division 3 of the majority opinion doubtfully and particularly because it does not reveal what the prosecutor’s argument was that it approved.
Rather than concurring only in the judgment (J/O), rendering this case a “physical precedent only” under our Rule 35 (b) and a well qualified and worthy candidate for “not to be reported” under Rule 37 (b), I vote here the seldom used but preferable, concurring vote of “dubitante.” The latter word in Black’s Law Dictionary, Fifth Edi*29tion, published by West, means: “Term is affixed to the name of a judge, in the reports, to signify that he doubted the decision rendered.” See several of many cases where judges of our Georgia Appellate Courts have concurred dubitante: Brandon v. Pritchett, 126 Ga. 286, 290 (55 SE 241) (1906); Stevens v. Stevens, 227 Ga. 410, 414 (181 SE2d 34) (1971); Studstill v. American Oil Co., 126 Ga. App. 722, 727 (191 SE2d 538) (1972); Jordan v. Fowler, 104 Ga. App. 824, 829 (123 SE2d 334) (1961). While I consider dubitante a weak concurrence, but nevertheless a full concurrence, in the case, it also has three laudable attributes and admirable advantages over the much used, presently popular J/O vote. (A) The case is a binding precedent under Rule 35 (b); (B) should always be reported under Rule 37 (a); and (C) usually provides the parties in the case, bench, bar, and public in general specific reasons for the reservations held by the judge. On the other hand, a J/O vote is like high blood pressure, a “case crippler” sub silentio without explanation to anyone, a handy but deadly veto weapon or widget for busy judges. It has been said that voting dubitante is holding one’s nose while voting to concur, while the J/O is really a dissent as to all, but sometimes limited to less than all, comments and discussions in the case except the “judgment” rendered.
Decided May 2, 1988. J. Alvin Leaphart, for appellant. Glenn Thomas, Jr., District Attorney, Stephen D. Kelley, Assistant District Attorney, for appellee. ;Review of the transcript of the closing argument shows that the prosecutor remarked that the victim was not there to tell her story. “She’s buried. Her lips are sealed. She will have no more television to view. She’ll have no more chance to go to church. She’ll have no more chance to go to a gospel sing. And you have the right to conclude it’s because of Elijah Floyd.” I do not consider such argument impermissible.