State v. Herndon

MAI-CR2d 2.20 instructs the jury the burden is on the state to prove beyond a “reasonable doubt” the guilt of the defendant. The Notes on Use following this instruction contain the following plain and unequivocable language: “[N]o other instruction may be given elaborating further upon or attempting to define ... reasonable doubt.” Missouri case law contains such declarations that other than this instruction no further elaboration upon or attempt to define “reasonable doubt” may be made by the court or counsel. State v. Van, 543 S.W.2d 827, 830 (Mo.App.1976). Reasonable doubt is not to be…