Legal Opinion · Dissent

State v. Taylor

Idaho Supreme Court

Decided May 3, 1955No. 8098Published

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

  1. Pettine v. Territory of New MexicoCourt of Appeals for the Eighth Circuit · 1912
  2. Abbott v. TerritorySupreme Court of Oklahoma · 1908
  3. Owens v. United StatesCourt of Appeals for the Ninth Circuit · 1904
  4. State v. WheelerIdaho Supreme Court · 1950
  5. Commonwealth v. CusterSuperior Court of Pennsylvania · 1941

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