State v. Milam

CONCURRING OPINION

By HURD, PJ.

I concur in the foregoing opinion of Kovachy, J., and in the judgment of reversal on the ground that under the facts and circumstances, as shown by the record, the judgment of guilty of murder in the first degree is contrary to the manifest weight of the evidence. The findings of fact of the trial court, to which I wish particularly to direct attention, are contained in paragraphs one and four which read as follows:

1. “It is clear to the Court that the evidence does not disclose beyond a reasonable doubt that the defendant, Dallas Milam, went to the Buchanan home…