State v. Nesbitt

I am unable to agree with the majority opinion. While I feel that the evidence is insufficient to sustain the verdict and the judgment based thereon, nevertheless both the majority opinion and appellant’s assignments of error require my more extended dissent in the light of a detailed review of the record.

I feel, contra to the majority opinion, that the trial court erred in certain of its rulings on the admission of evidence and in giving *9certain jury instructions. I feel also that the trial court erred in refusing to give certain of appellant’s requested jury instructions; for by refusing…