holding State must prove allegations in indictment beyond reasonable doubt
How later courts described this case
- holding State must prove allegations in indictment beyond reasonable doubt
Written by the judges who cited it.
The opinion
MORRISON, Judge
(dissenting).
I cannot bring myself to agree that this Court should consider as authoritative the opinion by the Supreme Court of this State in Goldstein v. Union National Bank, supra. The opinion from which the majority quotes was prepared by Judge William E. Hawkins, but voiced his opinion only. Judge Greenwood concurred on grounds other than the cited language. Chief Justice Nelson Phillips dissented. Since there is no precedent which I consider authoritative to the contrary, I agree with that portion of Judge Douglas’ opinion in which he says:
“I construe Article 342-507, supra, to apply in this situation where an excessive • loan was in fact made to one borrower.”
Having reached this conclusion, I join in Judge Douglas’ dissent.