People v. Reese

ADAMS, P. J.—

I dissent. The majority opinion holds that the judgment must be reversed because the trial court gave two instructions which were erroneous. I am of the opinion that there was no error in the giving of one of these instructions, and as to the other, that, while it was erroneous, no miscarriage of justice resulted therefrom. The first of these instructions was that the jury was not to consider “the defense talked of by the attorneys for the defendant and de*350scribed by them as the right to evict a trespasser, because the evidence in the case is that the defendant did not shoot…