Head v. State

Bell, Justice,

concurring specially.

I concur in the opinion of the court, except paragraphs (a) and (b) of Division 3. I would hold that in cases where the count charging possession of a firearm is not material to the more serious charge, the trial of the possession charge must be severed and held before a different jury. This would eliminate the danger that evidence of the more serious crime will prejudice the jurors during the subsequent trial of the possession charge, and would also foreclose the possibility that inquiries relative to the possession charge during voir dire will unfavorably affect the defendant during trial of the more serious charge.

I am authorized to state that Presiding Justice Marshall and Justice Smith join in this special concurrence.