State v. Olin

This case is before us on petitions for review of the judgment and opinions of the Court of Appeals, State v. Olin, 111 Idaho 516, 725 P.2d 801 (Ct.App.1986). As noted by Judge Burnett in the lead opinion, there were divergent views among the membership of that court. Judges Burnett and Swanstrom were generally in agreement that a defendant’s requested change in a given instruction should have been made, but one of the two believed the failure to do so was harmless error. Chief Judge Walters was of the view that the instructions as given were correct and were sufficient even with refusal of…