specially concurring in part and dissenting in part:
I concur in the reversal of the judgment of conviction in this case. I would not, however, remand for a new trial since I am convinced that the evidence is insufficient to support the charge made in the indictment. It is apparent to me that the prosecutor, and the majority as well, effectively concedes this fact. We should simply say so and let this defendant be done with it. Perhaps this will be the result in any event. Surely there will be no further prosecution on this indictment against this defendant if the prosecutor in this case allows judgment to prevail over zeal.