State v. Tyson

HUNTER, Robert C., Judge,

concurring in part, dissenting in part.

I concur in Part III of the majority opinion holding that the trial court committed plain error in instructing the jury, warranting a new trial. However, because I conclude that the trial court erred in denying defendant’s motion' to dismiss the statutory rape charges for insufficient evidence of defendant’s consciousness, I respectfully dissent in Part II of the majority opinion.

My concern with the majority’s holding in Part II is that it sets a precedent which allows a defendant to be convicted of a crime even though the…