The instruction quoted is technically wrong in part, but when read as a whole I cannot conceive of its having a misleading effect upon the jury. I therefore dissent.
HOLCOMB, J., concurs with TOLMAN, J. *Page 10
The instruction quoted is technically wrong in part, but when read as a whole I cannot conceive of its having a misleading effect upon the jury. I therefore dissent.
HOLCOMB, J., concurs with TOLMAN, J. *Page 10