¶1(specially concurring).
¶2I would modify this sentence to life imprisonment, because of the admitted error concerning the cross-examination of Roy M. Sullivan, Jr. In my opinion, the rule contained in Blanck v. State, supra, is not sufficient to support the conclusion that the error is “harmless” or “cured,” when the death penalty is assessed. The defendant in Blanck v. State, supra, was convicted for acting under false pretenses in an Indian land transaction, and was sentenced to serve two years in the state penitentiary. The difference between the sentences in Blanck v. State, supra, and the instant case, is too vast for comparison and to serve the purpose herein intended. While the purpose of cross-examination may seem to have been fulfilled, I believe any doubt, as to whether or not it was, should be resolved in defendant’s favor. Therefore, I would modify this sentence to life imprisonment. Otherwise, I agree the defendant received a fair trial.