Kolkman v. People

*35Mr.. Justice Butler,

dissenting.

Prom the affirmance of the judgment, and from the holding that there was no error in the court’s oral comments to the jury on the evidence at the conclusion of the arguments to the jury, I am compelled to dissent.

At the trial the two Morrisons admitted their guilt, and by their own sworn testimony proved it beyond any reasonable doubt. After the court gave its written instructions to the jury and counsel had made their arguments, the court orally instructed the jury as set forth in the majority opinion. In the circumstances, that was equivalent to a statement…