State v. Salazar

I dissent.

The majority opinion reversed because the trial court refused defendant’s request to instruct the jury as follows:

You are instructed that you are to consider and find the defendant guilty or innocent of acts which occurred on either the evening of the 18th or early morning of the 19th of August, 1972, on count one of the indictment, and on either the evening of the 23rd or early morning of the 24th of August, 1972, on count two of the indictment, and no others.

To determine reversal, Rule 41(a) and (g) of the Rules of Criminal Procedure are controlling. Section 41-23-41 (a) (g),…