Indiana Supreme Court, 1976

Buchanan v. State

Indiana Supreme Court · Decided June 1, 1976 · Hunter

264 Ind. 547; 348 N.E.2d 394; 1976 Ind. LEXIS 490

Cases that cite this one

2 later published cases cite this decision.

Stacks v. State (Ind. Ct. App. 1978)
Holes v. State (Ind. Ct. App. 1977)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

Concurring Opinion

Hunter, J.

I am in agreement with the majority that the decision by the Court of Appeals be affirmed. However, in my opinion this Court should unequivocally disapprove of the use of the instruction:

“In consideration of the rights of the defendant, do not forget that by each acquittal of a criminal, the safeguards erected by society for its protection are weakened.”

The Court of Appeals in the opinion by Judge Sullivan states in part:

“[W]e are unable to approve the particular instruction before us, in the light of the evidence in this case.”

*548This language modifies the disapproval of this instruction. I believe this Court should expressly and completely reject the use of this instruction in any case by the trial courts of Indiana.

Note. — Reported at 348 N.E.2d 394.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.