In Evans, this Court reversed and remanded a conviction for grand larceny, because the jury was given two plainly contradicting instructions.
Summary of this case from State v. WhistlerJanuary Term, 1900.
Judgment affirmed, with costs. All concurred. No opinion.
In Evans, this Court reversed and remanded a conviction for grand larceny, because the jury was given two plainly contradicting instructions.
Summary of this case from State v. Whistlerremanding where instruction stated wrong burden of proof
Summary of this case from State v. WhistlerFull title:Isaac J. Evans and Another, Appellants, v. The State of New York…
Court:Appellate Division of the Supreme Court of New York, Third Department
Date published: Jan 1, 1900
[¶ 17.] First, we note that Instruction 17 does not facially misstate the law. Cf. State v. Evans, 12 S.D.…
State v. Olesen(2) capable of accurate and ready determination by resort to sources whose accuracy cannot reasonably be…