State v. Smith
State v. Smith
21 Mo. App. 595; 1886 Mo. App. LEXIS 229
State v. Smith
Opinion of the Court
— In defining a reasonable doubt the instruction was erroneous. The use of the word “real” was improper. State v. Owens, 79 Mo. 631, 632.
It would have been wiser and safer for the instruction to have been entirely in the form of the instruction on this subject that has become stereotyped by use and approval in this state.
Judgment reversed, and cause remanded.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.