Sherwood v. State

DISSENTING OPINION

Achor, J.

In my opinion the refusal of the court tó give appellant Sherwood’s tendered Instruction No. 17, and appellant Sayer’s tendered Instruction 20, constituted reversible error. These instructions were the same and read as follows:

“I instruct you that if you find from the evidence in this case that the Prosecuting Attorney has agreed to recommend leniency for Arthur J. Mogilner, you may consider this evidence, together with all other evidence, in determining the credi-. bility of the said Arthur J. Mogilner and the weight to be given his testimony as a witness herein.”

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