IMHO This is the likeliest reason that the SCOTUS might use to take this up and set this conviction aside....
'If you believe one of these things is true that we didn't prosecute at all and therefore didn't have to prove beyond a reasonable doubt, then you get to vote guilty'... He had no way to effectively defend against that kind of shotgun approach that allowed them to select from a menu of crimes that they were not prosecuting in order to come up with some way to convict on the crime they were prosecuting.
I think that some may see this as being against due process... maybe one or two (or six or so) of them might be on the SCOTUS... just sayin'.
'If you believe one of these things is true that we didn't prosecute at all and therefore didn't have to prove beyond a reasonable doubt, then you get to vote guilty'... He had no way to effectively defend against that kind of shotgun approach that allowed them to select from a menu of crimes that they were not prosecuting in order to come up with some way to convict on the crime they were prosecuting.
I think that some may see this as being against due process... maybe one or two (or six or so) of them might be on the SCOTUS... just sayin'.