State v. Bone

NEUMAN, Justice.

In this appeal from defendant’s convictions for burglary, theft and possession of burglar’s tools, the question is whether the trial court properly submitted a “flight instruction” to the jury. The court of appeals split 3-2 on the question, reversing the trial court and remanding for new trial. On further review from that decision, we agree with the court of appeals’ analysis of why such an instruction ought not to be given, but disagree with its decision that to do so in this case so prejudiced the defendant as to require a new trial. Accordingly, we vacate the court of…