Robinson v. People

Mr. Chief Jústice Knous

dissenting.

I believe the majority wrong in deciding that the giving of the instruction on flight did not constitute reversible error.

The challenged instruction, No. 23, is quoted at length in the opinion'of the court and in the interest of brevity will not be repeated herein.

As I view, this instruction denied defendant a fair trial, first, because of its improper form and, secondly, because the evidence did not warrant the giving of any instruction on the subject of flight., The majority concedes the correctness of the first proposition, but denies reversal for the…