State v. Osmundson

UHLENHOPP, Justice.

In this appeal we review rulings of the trial court made in a prosecution for delivery of a controlled substance. § 204.401(1), Code 1975.

I. The first paragraph of the trial court’s two-paragraph instruction on reasonable doubt was in usual form, but the second paragraph stated:

If the State’s evidence establishes the guilt of the defendant to a moral certainty in your minds, to such a certainty as you would act upon in a matter of the highest importance to yourselves, then you are convinced beyond a reasonable doubt; but if upon a full and fair consideration of all the…