State v. Hudson

The law stated in the syllabus of the majority opinion is sound and I concur therein, but I do not concur in the application of the principle stated in the sixth point of the syllabus to the facts established in this case, and think the verdict of guilty and judgment entered thereon should be upheld.

In all prosecutions for crime there are two basic elements to be established beyond all reasonable doubt: first, that a crime has in fact been committed; and, second, that the accused is the perpetrator thereof.

In this case the first element was established by clear, cogent and direct evidence.…