¶1concurring in part and dissenting in part.
¶2Judge Barrow, who participated in the oral argument and the decision of this appeal before his death, joined in the decision to reverse the convictions. However, he would have held that upon the facts and circumstances of the case Kibler’s testimony was admissible as a matter of law. Accordingly, we record Judge Barrow as concurring in part and dissenting in part.