¶1The foregoing opinion of Higbee, C., is hereby adopted as the opinion of the court. All of the judges concur; Walker, J., in separate opinion.
¶2I concur in the majority opinion except in the paragraph suggesting legislative action concerning the requirements of an affidavit for an appeal in criminal cases. The motive prompting this suggestion, I do not question, but the action of the Legislature in regard to this or any other matter should not concern this court, whose utterances should be limited to the maxim: Jus dicere non dare.