State v. Perkins

I am unable to concur in the foregoing opinion so far as it approves the refusal of the trial court to instruct the jury as follows:

"You are instructed that if you find that the evidence introduced by the state or by the defendant or both, or that the lack of evidence is sufficient to raise in your minds a reasonable doubt that the defendant committed the offenses alleged, you must acquit the defendant."

This court in State v. Herwitz, 109 Wn. 153, 186 P. 290, definitely committed itself to the rule that in criminal cases it is error for a trial court to refuse to instruct the jury that a…