State v. Taylor
Idaho Supreme Court
1DissentKeeton, Justice
I am of the opinion that appellant was not given a fair and impartial trial and the *364instruction complained of, set forth in the majority opinion, defining reasonable doubt is fundamentally erroneous, and deprived appellant of a well recognized, long established right.
The principle that one accused of crime must be first tried and convicted on sworn testimony which convinces the jury of his guilt beyond a reasonable doubt is as basic and fundamental as the constitution itself. No person accused of crime should be deprived of such right.
I make the broad assertion that few authorities, under the…
2Cases cited15 opinions
- Pettine v. Territory of New MexicoCourt of Appeals for the Eighth Circuit · 1912
- Abbott v. TerritorySupreme Court of Oklahoma · 1908
- Owens v. United StatesCourt of Appeals for the Ninth Circuit · 1904
- State v. WheelerIdaho Supreme Court · 1950
- Commonwealth v. CusterSuperior Court of Pennsylvania · 1941
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