King v. State

Although fully concurring in Divisions 1 through 5 and 7, I concur in Division 6 only because defense counsel was not materially hampered in the closing argument. The court advised, “I don’t know what I’m going to charge them until I hear what you argue to the jury.” Then, after counsel stated that alibi was a defense, the court responded, “If you argue it, I’ll charge it.” When counsel added that the other defense was that the incident did not happen, the court acknowledged this with “Yes, sir. If you rely on it, I’ll charge it. I’m going to listen to what you say and I’m going to try to…