State v. Van Horne

(on petition for rehearing). Appellants have petitioned for a rehearing. They contend that this court has overlooked “the fact that the trial court misinstructed upon questions of law that were controlling and bore directly upon the issues framed by the pleadings;” and they assert that the rule stated in ¶ 3 of the syllabus, that absent request for an appropriate instruction “failure to instruct can be urged as error only if in light of the evidence the non-direction constitutes misdirection,” is erroneous.

The questions thus presented by the petition for a rehearing were raised and argued…