State v. Tinsley

(concurring in part and dissenting in part.) I concur in the result reached by the court on the crime of robbery in the first degree. I do not, however, agree with that portion of the majority opinion which concludes that the erroneous instruction of the court, which placed the burden on the state to prove that the defendant was not a person excepted from the prohibition of General Statutes § 29-35, was harmful to the defendant and constituted reversible error. It has always been the law of this state that an erroneous instruction that has, nevertheless, not affected the result is not…