State v. Baker

Mr. Acting Associate Justice G. Duncan Bellinger

(concurring in part and dissenting in part) : I find my self unable to agree in full with the opinion of Mr. Associate Justice Oxner for the reasons hereinafter set forth. I do, however, agree that if the -facts in this case had made it one that should have been submitted to the jury, the learned Trial Judge committed error in not instructing the jury on the law of circumstantial evidence.

In order that my opinion be fully understood, it is necessary for me to review somewhat fully certain evidence in the case, and the motions made thereon by the…