Weathers v. Cowan

I somewhat reluctantly agree that the jury instruction discussed in Division 2 is erroneous and that the appellants are entitled to a new trial on that account. Reticence is based on two factors.

One, the instruction extricated from the whole here and examined microscopically can be construed as not misstating the law. The jury charge must be considered in its entirety, because that is how the jury heard it and because the entire charge comprised the jury’s marching orders. Reviewing the court’s instructions on the subjects of evidence and burden of proof, the court’s charge fairly and fully…