State v. Miclau, Jr.

(Concurs only in judgment of reversal and order of discharge but for entirely different reasons.) I concur in the judgment of reversal and in the order discharging the defendant. In my opinion, the facts and circumstances disclosed by the evidence are such that the motion made for a discharge of the defendant at the close of the state’s case should have been granted and failing that, the motion at the close of the entire case should have been granted on the ground that there is no evidence in the record to substantiate the charge that the defendant was guilty of the crime of contributing to…