State v. Smith

Apr 19, 1886
Reporters:
,
Before:
Hall
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.