State v. Myers

Christianson, Oh. J.

(dissenting), I dissent. In my opinion the record on this appeal shows that in this case oral instructions were given to the jury in violation of the following statutory provision: — “In charging the jury, the court shall instruct only as to the law of the case, and all instructions must first be reduced to writing, unless by consent of both parties entered in the minutes, the instructions are given orally and taken down by the stenographer of the court, in shorthand.” Comp Laws 1913, § 10,822.

The language of the statute'is plain and emphatic. It says that “all…