State v. Morrison

LEEPER, J.,

Dissenting. — I am impelled to dissent by reason of disagreement with the majority as to the disposal of the assignment relative to the instruction on flight. The instruction was as follows:

“You are instructed that the flight of a person immediately after he has been accused of the commission of a crime, or after a crime has been committed with which he is charged, is a circumstance not sufficient of itself to establish his guilt, but a circumstance which the jury may consider in determining the probabilities for or against him— the probability of his guilt or innocence. The weight…