Moulton, David Len

OPINION

COCHRAN, J.,

filed a concurring opinion.

I agree that the trial judge did not err when he instructed the jury on the “unknown” manner and means of committing murder. I write separately because I believe that this area' of law has become overly formalististic and divorced from its original purpose of giving notice to the defendant.

The common-law rule1 of including an allegation of a “manner and means unknown to the grand jury” in an indictment when no one knows exactly how an offense was committed ensures that the State *812gives the defendant as much notice as it can about its theory of how…