Loving v. State

The majority denies the appellant’s motion for rehearing without written opinion. I would grant the motion and reverse the judgment because of the trial judge’s refusal to give a charge on circumstantial evidence.

On original submission, this Court held that there was direct evidence of the appellant’s participation as a criminally responsible party to the offense, and that in light of this direct evidence it was not error to refuse the charge on circumstantial evidence where the trial judge properly instructed the jury on the law of criminal responsibility. In my opinion, this Court’s opinion…