Legal Opinion

Arnold v. State

Indiana Supreme Court

Decided November 15, 1864PublishedCited by 10 opinions

APPEAL from the Clinton Common Pleas.

1Opinion of the CourtErazer, J.

This was a prosecution for assault and battery. There was a jury trial, and conviction below.

The court below, (an attorney occupying the bench to try the cause) instructed the jury as follows: “A reasonable doubt as to any material fact must be such a doubt that convinces you that the fact does not exist. Perhaps in. this I may have given you the law a little too strong. I will modify it by saying this, If there is a reasonable doubt that arises in your minds, that convinces you that the fact is not as charged, you may acquit.”

This was an error.. A doubt never convinces. A reasonable doubt…

2Cited by10 opinions

  1. Miles v. United StatesSupreme Court of the United States · 1881
  2. Bradley v. StateIndiana Supreme Court · 1869
  3. Lovett v. StateSupreme Court of Florida · 1892
  4. Polin v. StateNebraska Supreme Court · 1883
  5. Densmore v. StateIndiana Supreme Court · 1879

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