Mireles v. State

Dissenting Opinion

DeBruler, J.

I find that I must disagree with the opinion of the majority in this case and I therefore dissent.

While the majority acknowledges that IC 1971, 35-1-35-1, being Burns § 9-1805, divides the responsibility of providing instructions in criminal trials between the trial court and the attorneys involved in the trial, it has failed in its opinion to enunciate on what grounds the responsibility is divided. The statute says that the trial court bears the responsibility of instructing on, “all matters of law which are necessary for their information in giving a verdict”.…