State v. Williams

While I concur in the result reached by the majority in this case, I nevertheless believe that there is one further aspect of the case which may very well occur again on retrial, and for that reason I write separately.

In my opinion, if the evidence on the second trial concerning the steak knife is no different than it was at the first trial, it would be error for the court to submit the issue of the steak knife to the jury. The undisputed evidence at the first trial was that Williams did not own the car, did not own the knife, nor was aware that the knife was under the seat. Under such a fact…