Hampston v. State , 34 Ariz. 372 ( 1928 )

I concur in the result reached by the majority of the court solely on the ground of stare decisis. In my belief the dissenting opinion in the case of McLane v. Territory, supra, states the better rule of law. The majority opinion, however, has been the law of this state for 25 years, and I do not consider it lays down a rule which, even though highly technical, will produce any serious harm to the people of the state if we continue to follow it.