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21 Mo. App. 595

State v. Smith

Missouri Court of Appeals

Decided April 19, 1886

Missouri Court of Appeals · decided 1886-04-19

E. L. Edwards, Judge. Statement of case by the court. The defendant was indicted for obstructing a public •road.

Cited by 1 later decisions — most recently April 1891

1 state decisions

Relies on State v. Owens

Good law ✅— No negative treatment on recordhow we know

Reversed and remanded · Decided 1886-04-19

View the full empirical analysis of this case →

Hall, J.

¶1— In defining a reasonable doubt the instruction was erroneous. The use of the word “real” was improper. State v. Owens, 79 Mo. 631, 632.

¶2It 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.

¶3Judgment reversed, and cause remanded.

All concur.
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