Daniels v. State

Having reviewed the record of the proceedings below, I find that I must dissent to this decision.

While I cannot disagree with the Court’s familiar statement that, “it is not this Court’s duty to sit as jurors and this Court will not substitute its judgment for that of the jury, since it is the exclusive province of the jury to weigh the evidence and determine the facts,” I fear that its easy repetition wholly ignores the distinction between appellate determination of an issue of fact, and appellate review of evidence for the purpose of determining an issue of law.1 An error of law is…