Buchanan v. State
348 N.E.2d 394, 264 Ind. 547, 1976 Ind. LEXIS 490
Opinion
Concurring Opinion
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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Buchanan v. State, 348 N.E.2d 394, 264 Ind. 547, 1976 Ind. LEXIS 490 (Ind. 1976).
348 N.E.2d 394 (Buchanan v. State) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.
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372 N.E.2d 1201 (Indiana Court of Appeals, 1978)
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369 N.E.2d 1098 (Indiana Court of Appeals, 1977)