State v. White

I concur with the opinion of the majority that the trial court erred in failing to give an instruction on circumstantial evidence and that the case should be reversed and remanded on that ground. I disagree with the majority opinion in its conclusion that the evidence was sufficient to submit the case to the jury. A meticulous search of the record fails to reveal any knowledge on the part of defendant White as to what his passenger, Holloway, was going to do or had done. There was not only lack of knowledge on the part of defendant, but there was nothing in the record upon which suspicion…