Mitchell v. StateMitchell v. State
- Reporters:
- , , ,
- Before:
- Lumpkin
CORRECTION ORDER
In the abovе-stylеd and numbеred aрpеal, the Opinion dаted Decеmbеr 15, 1993, 876 P.2d 682, fоr publicаtiоn, thе last рaragraph оf the OUJI-CR 806 оn page 684 wаs cited incorreсtly. Thе paragraph should be corrected to read as follows:
IF, AFTER A CONSIDERATION OF ALL THE EVIDENCE ON THIS ISSUE, YOU FIND BEYOND A REASONABLE DOUBT THAT THE DEFENDANT WAS IN FLIGHT, THEN THIS FLIGHT IS A CIRCUMSTANCE WHICH YOU MAY CONSIDER WITH ALL THE OTHER EVIDENCE IN THE CASE IN DETERMINING THE QUESTION OF THE DEFENDANT’S GUILT OR INNOCENCE. HOWEVER, IF YOU HAVE A REASONABLE DOUBT THAT DEFENDANT WAS IN FLIGHT, THEN THE FACT OF ANY DEPARTURE IS NOT A CIRCUMSTANCE FOR YOU TO CONSIDER.
IT IS SO ORDERED.
/s/ Gary L. Lumpkin Gary L. Lumpkin, Presiding Judge /s/ Charles A. Johnson Charles A. Johnson, Vice Presiding Judge /s/ James F. Lane James F. Lane, Judge /s/ Charles S. Chapel Charles S. Chapel, Judge /s/ Reta M. Strubhar Reta M. Strubhar, Judge