defendant tendered instruction in Indiana

2012On appeal, our supreme court held that the defendant “was entitled to have the jury advised that the second and third counts had been dismissed.” 213 Ind. at 253 , 11 N.E.2d at 169 .

2012On appeal, our supreme court held that the defendant “was entitled to have the jury advised that the second and third counts had been dismissed.” 213 Ind. at 253 , 11 N.E.2d at 169 .

1985In dealing with this same issue in Drollinger v. State (1980), 274 Ind. 5 , 408 N.E.2d 1228, 1241 , we said: In Morris v. State (1977), 266 Ind. 473 , 364 N.E.2d 132 , the defendant tendered an instruction which similarly advised the jury to cautiously scrutinize and evaluate the testimony of a co-defendant.

1985In dealing with this same issue in Drollinger v. State (1980), 274 Ind. 5 , 408 N.E.2d 1228, 1241 , we said: In Morris v. State (1977), 266 Ind. 473 , 364 N.E.2d 132 , the defendant tendered an instruction which similarly advised the jury to cautiously scrutinize and evaluate the testimony of a co-defendant.

2020In that case, the defendant tendered an instruction stating that “within the legal definition of insanity is included the factual situation where the defendant appreciated the fact that her conduct was criminal but because of a delusion believed it to be morally justified.” Id. at 1161 .

2015The Smith court specifically limited its decision to the situation where the defendant “tendered such an instruction,” and excluded the situations in which “there is no indication that the defendant tendered an instruction explaining this point of law.” Smith, 777 N.E.2d at 36 .

2008Id. at 608 .

2008Id. at 608 .

2002In Stephenson v. State, 648 N.E.2d 395 (Ind.Ct.App.1995), trans. denied, the defendant tendered an instruction, similar to Abney's, that would have required the State to prove that his operation of a vehicle while intoxicated "caused the motor vehicle gccident which resulted in the death of another person." Id. at 396 .

2002In Stephenson v. State, 648 N.E.2d 395 (Ind.Ct.App.1995), trans. denied, the defendant tendered an instruction, similar to Abney's, that would have required the State to prove that his operation of a vehicle while intoxicated "caused the motor vehicle gccident which resulted in the death of another person." Id. at 396 .

1985In dealing with this same issue in Drollinger v. State (1980), 274 Ind. 5 , 408 N.E.2d 1228, 1241 , we said: In Morris v. State (1977), 266 Ind. 473 , 364 N.E.2d 132 , the defendant tendered an instruction which similarly advised the jury to cautiously scrutinize and evaluate the testimony of a co-defendant.

1985In dealing with this same issue in Drollinger v. State (1980), 274 Ind. 5 , 408 N.E.2d 1228, 1241 , we said: In Morris v. State (1977), 266 Ind. 473 , 364 N.E.2d 132 , the defendant tendered an instruction which similarly advised the jury to cautiously scrutinize and evaluate the testimony of a co-defendant.

1982Law v. State, (1980) Ind., 406 N.E.2d 1185 .

1982Law v. State, (1980) Ind., 406 N.E.2d 1185 .

1977In this case the defendant tendered an instruction on identification patterned after an instruction in U.S. v. Barber, (3d Cir. 1971) 442 F.2d 517 , which exhorted the jury to receive eye witness identification testimony with caution, and instructed them to note the witness’s oppor tunity to observe, his certainty, any prior inconsistent identifications and any discrepancies between his prior descriptions and the accused.

1976In Denson v. State (1975), 263 Ind. 315 , 330 N.E.2d 734 , a defendant tendered an instruction which read: “The Constitution of Indiana, Article I, § 18, provides: ‘The penal code shall be founded on the principles of reformation and not of vindictive justice [sic].’ ” 263 Ind. 315, 317 , 330 N.E.2d 734, 737 .

1976In Denson v. State (1975), 263 Ind. 315 , 330 N.E.2d 734 , a defendant tendered an instruction which read: “The Constitution of Indiana, Article I, § 18, provides: ‘The penal code shall be founded on the principles of reformation and not of vindictive justice [sic].’ ” 263 Ind. 315, 317 , 330 N.E.2d 734, 737 .