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Abstract

The accused in a criminal prosecution requested, in addition to a general charge on reasonable doubt, an instruction stating, "The court instructs the jury that if after the consideration of the whole case, any juror entertains a reasonable doubt of the defendant's guilt it is the duty of such juror so entertaining such doubt, not to vote for a verdict of guilty, or be influenced in so voting for the single reason that a majority of the jury might be in favor of a verdict of guilty:" This instruction was refused and the defendant appealed from his conviction. Held, it was reversible error to refuse this instruction since it was not covered in substance by the instructions given upon reasonable doubt. State v. Keller, (S. D. 1933) 250 N. W. 37.

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