State v. Boswell

MILLER, Chief Justice:

We consider two issues in this criminal appeal: 1) whether the trial court was correct in refusing to suppress evidence seized by the police during a search of the defendant’s vehicle incident to his arrest; and 2) whether the State’s instruction number five, defining reasonable doubt, was erroneous and, if so, was it cured by other instructions. 1 We find that the trial court was correct in refusing to suppress evidence seized by the police; but we reverse the defendant’s conviction and remand this case for a new trial on the basis of an erroneous State’s instruction,…