State v. Evans

(concurring specially)—I am constrained to concur specially in light of my brother Alexander's dissent, and because I believe the particular ground upon which the trial judge granted a new trial is much misunderstood.

What we have in the instant case is, purely and simply, a question of expert witness competency. Experience has taught us that such "experts" rarely agree. What may be a crucial "fact" to one, may not be to another.

Before affirming the grant of a new trial because the defense expert presented at trial overlooked or thought unimportant a fact or facts now deemed pertinent by an…