He used to justify his factual findings in bench trials
the trial testimony. If it were cast in the negative,
or in speculative terms, then he cud not effectively quote it.
Once, during a recess, an ex-criminal prosecutor approached
the bench and told the court of a guy that got away with murder
because of trial counsel 's in-artfully drawn question, in the negative,
sir, did u not
see the defendant shoot the decedent ?
On appeal of conviction, counsel asserts that there was no evidence
that defendant did anything unlawful. The witness attested affirmatively
that he did NOT
see defendant shoot decedent.