State v. Bryant

The defendant assigns as error the instruction of the court as follows:

“Now, Gentlemen of the Jury, the Court has given you certain of the contentions of both the State and the defendant — not all of them. It is your duty to consider all of the contentions, both for the State and the defendant, and consider all of the eviídence or the LACK of evidence of both the State and of the defendant.”

The last sentence of the quoted instruction, as it appears in the record before us, was ineptly phrased and ill-advised. It is expressly disapproved. Even so, on this record we are not convinced that it…