State v. Jones

On Motion for Rehearing

BRICE, Chief Justice.

On motion for rehearing the Attorney General argues quite persuasively, citing much authority, that the tendered and requested instruction is erroneous, in that it failed to place before the word “doubt” in the portion of the instruction quoted in our ■original opinion, the word “reasonable.” As ably argued by the State, the instruction should have read, “and are in reasonable doubt as to whether it is a higher or lesser degree, etc., then the defendant should be given the benefit of such doubt and convicted of a lesser degree only.’’ The opinion as…