State v. McNicol

The only ground of reversal by the Court of Appeals, as shown by its journal entry, was “that the verdict of the jury as to the third count of the indictment is not responsive thereto.”

The gist of the opinion of the Court of Appeals is contained in a single sentence:

“Upon the facts presented in this case, we can say in a lengthy detailed reasoned opinion only that which we can and do say in a word, that is that in our opinion, the verdict of the jury as to the third count of the indictment is not responsive thereto.”

It is the theory of counsel on both sides that the reason for the holding of…