PEOPLE v. COHEN


61 A.D.2d 929 (1978)

The People of the State of New York, Respondent, v. Linda Cohen, Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

March 16, 1978


We note, however, that the Trial Justice, in charging the jury, gave the following instruction: "On the other hand, if the scales are even, or if you do have reasonable doubt arising out of the credible evidence or the lack of it, then you must render a verdict of not guilty". The figure of speech, "if the scales are even" was, most likely, unwittingly uttered. In our view, the use of such a phrase, while popular in courts of an earlier year, does not facilitate the resolution...

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