The focal error in this shooting case was the court's flat refusal to charge that if the jury accepted defendant's version that he had picked up the gun after another person had fired it, he was entitled to acquittal. The strongest factual argument that the evidence belies this claim does not make this refusal any less an error which deprived defendant of a proper and vital instruction as to his main argument, thus effectively removing it from the jury's consideration. This...
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