Missouri Court of Appeals, 1886

State v. Smith

State v. Smith
Missouri Court of Appeals · Decided April 19, 1886 · Hall
21 Mo. App. 595; 1886 Mo. App. LEXIS 229

State v. Smith

Opinion of the Court

Hall, J.

— 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.

All concur.

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