Schluter v. State

I dissent from that part of the majority opinion which holds that the giving of instruction No. 15, particularly the last sentence thereof, “was prejudicial error.” It likewise follows that I do not agree with the concurring opinion which holds the giving of this instruction, in any civil or criminal case, would be prejudicially erroneous and require reversal.

I do not necessarily dissent from that part of the majority opinion which reverses and remands the cause to the district court for retrial. This, for the reason that there are other errors complained of which might or might not make such…