Judgment unanimously reversed on the law and new trial granted.
Memorandum:
In charging the jury on reasonable doubt, the court informed the jury, inter alia, that "[i]t is a doubt which leaves your mind in such a state of suspense that you are unable to say that you are convinced, to a moral certainty, of defendant's guilt". The error in the charge deprived defendant of his Fifth Amendment right to a verdict of guilt beyond a reasonable doubt that...
Let's get started
Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.
- Updated daily.
- Uncompromising quality.
- Complete, Accurate, Current.
