Stahl v. Cooper

I am unable to agree with the conclusions of the court as expressed in the majority opinion and therefore dissent.

The court reverses the judgment of the trial court for the reason, as stated, that certain instructions “were confusing and prejudicial to defendant.” In order properly to consider this reason, I believe it necessary to set *479out: (1) What said instructions are; (2) that objections were made thereto; (3) whether they properly state the law; and (4) whether or not they are confusing and prejudicial.

Instruction No. 10 reads: “The court further instructs the jury that whenever the…