Nolen v. State

On Motion for Rehearing

Defendant continues to urge that where two theories are presented by the evidence, one of innocence and one of guilt, justice and humanity compels acceptance of the theory of innocence. In most criminal cases the theory of innocence and guilt is present. But in the vast majority of all such cases, it is the jury’s function to determine which theory it will accept. In the case sub judice, in addition to the State’s evidence, the defendant’s statement (unsworn) could have raised grave doubts in the jury’s mind as to his innocence. He stated that he thought he was shot…