State v. Sacre
Supreme Court of Missouri
Appeal from Callaioay Circuit Court. — Hon. John A. . Ho chad ay, Judge. (1) The instruction given by the court on motion of the State defining a “reasonable doubt” is erroneous and illegal. This instruction is misleading. The same implies that the doubt must be such a one as is alone created and produced by the evidence. It includes all reasonable doubt that may arise from a lack or want of evidence.
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Appeal from Callaioay Circuit Court. — Hon. John A. . Ho chad ay, Judge. (1) The instruction given by the court on motion of the State defining a “reasonable doubt” is erroneous and illegal. This instruction is misleading. The same implies that the doubt must be such a one as is alone created and produced by the evidence. It includes all reasonable doubt that may arise from a lack or want of evidence. By this instruction the burden was cast upon defendant, while it devolved upon the State to show his guilt beyond a reasonable doubt. The giving of said instruction is clearly reversible error.…
1Opinion of the CourtSherwood, J.
— For felonious assault on his brother-in-law, ¥m. E. Muir, by sh.oo.ting him with a pistol, defendant was convicted, his punishment *67assessed at two years in the penitentiary, and hence his appeal to this court.
1. The court gave a “poiver” of instructions, eighteen in all, eight for the State and ten for defendant, and refused to give the latter three instructions.
Among those given on behalf of the State occurs this one:
“6. The court instructs the jury that if they entertain a reasonable doubt as to the guilt or innocence of defendant, they should acquit, but a doubt to authorize an acquittal…
2Cases cited4 opinions
- State v. CantlinSupreme Court of Missouri · 1893
- State v. NuesleinSupreme Court of Missouri · 1857
- State v. BlueSupreme Court of Missouri · 1896
- State v. BluntSupreme Court of Missouri · 1887
3Cited by8 opinions
- State v. ReichSupreme Court of Missouri · 1922
- State v. TempleSupreme Court of Missouri · 1906
- State v. HollowaySupreme Court of Missouri · 1900
- State v. GarrisonSupreme Court of Missouri · 1899
- State v. AdairSupreme Court of Missouri · 1901
3 more not listed; retrieve them via the Exa API.