19 Mo. 380 | Mo. | 1854
delivered the opinion of the court.
This was an indictment for selling beer in less quantities than a quart, to be drank at the place of sale, without license.
The testimony against the defendant not being positive, the court, among other instructions, was requested to direct the jury that, if from the evidence, they have a reasonable doubt of the defendant’s guilt, they will acquit him. This the court refused to give, but instructed the jury that, if they believe from the evidence, that the defendant is guilty, they will find him so ; if they believe from the evidence that he is not guilty, they will so find; and if they are unable to find from the evidence whether he is guilty or not, they will acquit. The defendant was found guilty.
The substitute given by the court for the instruction asked, did not cover the ground of the refused instruction ; the evidence in the cause not being conclusive, it was a fair one for the instruction that was asked.
the judgment will be reversed, and the cause remanded;