Whitt v. State

Smith, Judge,

dissenting.

I must respectfully dissent. Division 4 of the majority opinion, in my view, describes what was an improper comment on the evidence *711by the trial court and therefore was error. Since the evidence of guilt in this case was not overwhelming, I cannot conclude that this error was harmless. The conviction therefore should be reversed.

Decided November 15, 1994 Reconsideration denied December 19, 1994 Lloyd J. Matthews, for appellant. Robert E. Keller, District Attorney, Nancy Trehub, Assistant District Attorney, for appellee.

I am authorized to state that Judge Johnson joins in this dissent.