Buchanan v. State

Indiana Supreme Court

Buchanan v. State

348 N.E.2d 394, 264 Ind. 547, 1976 Ind. LEXIS 490

CourtIndiana Supreme Court

DecidedJune 1, 1976

DocketNo. 576S157

StatusPublished

Cited by2 cases

This text of 348 N.E.2d 394 (Buchanan v. State) is published on Counsel Stack Legal Research, covering Indiana Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Buchanan v. State, 348 N.E.2d 394, 264 Ind. 547, 1976 Ind. LEXIS 490 (Ind. 1976).

Pincite

Opinion

Concurring Opinion

Hunter, J.

I am in agreement with the majority that the decision by the Court of Appeals be affirmed. However, in my opinion this Court should unequivocally disapprove of the use of the instruction:

“In consideration of the rights of the defendant, do not forget that by each acquittal of a criminal, the safeguards erected by society for its protection are weakened.”

The Court of Appeals in the opinion by Judge Sullivan states in part:

“[W]e are unable to approve the particular instruction before us, in the light of the evidence in this case.”

[548]*548This language modifies the disapproval of this instruction. I believe this Court should expressly and completely reject the use of this instruction in any case by the trial courts of Indiana.

Note. — Reported at 348 N.E.2d 394.

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