Wilson v. State

*480Concurring Opinion

White, J.

I concur in the court’s opinion because I agree that from the appellate viewpoint the evidence is sufficient to sustain the conviction. But I regret the majority’s failure to address the trial judge’s question whether, from his viewpoint as the thirteenth juror, the evidence is sufficient.

In overruling Wilson’s motion to correct errors the trial court filed a memorandum which said, in part:

“Had I been the sole trier of fact, I would have acquitted on the sole issue of identity. However, it would have been a ‘not proven’, beyond a reasonable doubt, conclusion. Yet, I…