Smith v. State

The error relied upon by the Majority is harmless error. It is innocuous to a fair trial and to a just verdict. The evidence is overwhelming beyond a reasonable doubt. Warthen v. State, 588 N.E.2d 545, 548-49 (Ind.Ct.App.1992); Gilreath v. State, 577 N.E.2d 997, 1000-01 (Ind.Ct.App.1991). No one’s sense of justice would be offended by affirming the jury’s verdict. Someone’s sense of safety on the highway may well be offended. I would affirm the jury’s verdict.