almost identical instruction in Indiana

2015In Simpson v. State, 915 N.E.2d 511 (Ind. Ct. App. 2009), trans. denied, the defendant tendered an almost identical instruction, which was refused by the trial court.

2015Id. at 518 .

1994As Wilson notes and the State concedes, an almost identical instruction was disapproved by our supreme court in the case of Hill v. State (1993), Ind., 615 N.E.2d 97 .

1994In that case, the court wrote: "In Spradlin v. State (1991), Ind., 569 N.E.2d 948, 950 , ... this Court stated: that an instruction which purports to set forth the elements which must be proven in order to convict of the crime of attempted murder must inform the jury that the State must prove beyond a reasonable doubt that the defendant, with the intent to kill the victim, engaged in conduct which was a substantial step toward such killing.

1993App., 568 N.E.2d 1061 , trons. denied.

1983In a recent case, Bailey v. State, (1980) Ind., 412 N.E.2d 56 , we held that the trial court, in its considered discretion, could give an almost identical instruction.

1981See also, Arthur v. State (1949), 227 Ind. 493 , 86 N.E.2d 698 ; Vaughn v. State (1939), 215 Ind. 142 , 19 N.E.2d 239 ; Dedrick v. State (1936), 210 Ind. 259 , 2 N.E.2d 409 .

1981See also, Arthur v. State (1949), 227 Ind. 493 , 86 N.E.2d 698 ; Vaughn v. State (1939), 215 Ind. 142 , 19 N.E.2d 239 ; Dedrick v. State (1936), 210 Ind. 259 , 2 N.E.2d 409 .

1981See also, Arthur v. State (1949), 227 Ind. 493 , 86 N.E.2d 698 ; Vaughn v. State (1939), 215 Ind. 142 , 19 N.E.2d 239 ; Dedrick v. State (1936), 210 Ind. 259 , 2 N.E.2d 409 .

1981See also, Arthur v. State (1949), 227 Ind. 493 , 86 N.E.2d 698 ; Vaughn v. State (1939), 215 Ind. 142 , 19 N.E.2d 239 ; Dedrick v. State (1936), 210 Ind. 259 , 2 N.E.2d 409 .

1981Prior to Wilkins’ trial an almost identical instruction was held to be error in Abel v. State (1975), 165 Ind.App. 664 , 333 N.E.2d 848 .

1981Prior to Wilkins’ trial an almost identical instruction was held to be error in Abel v. State (1975), 165 Ind.App. 664 , 333 N.E.2d 848 .

1980Without addressing the specific objections made by the appellants, the appellees argue an almost identical instruction was approved by the court in Jessop v. Werner Transportation Company, (1970) 147 Ind.App. 408 , 261 N.E.2d 598 , and the court’s ruling in Jessop “is squarely on point” with this case.

1980Without addressing the specific objections made by the appellants, the appellees argue an almost identical instruction was approved by the court in Jessop v. Werner Transportation Company, (1970) 147 Ind.App. 408 , 261 N.E.2d 598 , and the court’s ruling in Jessop “is squarely on point” with this case.

1979Do not consider the financial, racial, religious or social status of the accused.’’ Jones contends that this instruction im-permissibly allowed the jury to consider factors upon which no evidence had been submitted and, further, that it called attention to and emphasized parts of the evidence to the exclusion of others. ■ An almost identical instruction, however, was held proper by our Supreme Court in Brown v. State (1977) Ind., 360 N.E.2d 830 .

1975In Stout v. State (1883), 90 Ind. 1, 13 , the following portion of an almost identical instruction was approved: "In considering his rights do not forget that by each acquittal of a guilty criminal the safeguard erected for society for its protection is weakened." (Emphasis supplied) The sole material, though subtle difference, was the presence of the word "guilty" before the word "criminal" in the Stout instruction.

1975In Stout v. State (1883), 90 Ind. 1, 13 , the following portion of an almost identical instruction was approved: “In considering his rights do not forget that by each acquittal of a guilty criminal the safeguard erected for society for its protection is weakened.” (Emphasis supplied) The sole material, though subtle difference, was the presence of the word “guilty” before the word “criminal” in the Stout instruction.

1962See also: Indianapolis, etc., Traction Co. v. Monfort (1923), 80 Ind. App. 639 , 139 N. E. 677 , where an almost identical instruction was held not erroneous upon similar objections tendered to it.

1962See also: Indianapolis, etc., Traction Co. v. Monfort (1923), 80 Ind. App. 639 , 139 N. E. 677 , where an almost identical instruction was held not erroneous upon similar objections tendered to it.

1943In the case of Conway v. Vizzard et al. (1890), 122 Ind. 266, 270 , 23 N. E. 771 , the Supreme Court said: “It has often been held by this court, and, indeed, the principle is elementary, that where a testator makes a will, which is unnatural in its provisions, such unnatural provisions may be considered in connection with the other evidence in the cause as bearing on the question of the insanity of the testator at the time of the execution of the will.” An almost identical instruction to the one here under consideration was approved in the case of Bradley et al. v. Onstott et al. (1914), 180

1943In the case of Conway v. Vizzard et al. (1890), 122 Ind. 266, 270 , 23 N. E. 771 , the Supreme Court said: “It has often been held by this court, and, indeed, the principle is elementary, that where a testator makes a will, which is unnatural in its provisions, such unnatural provisions may be considered in connection with the other evidence in the cause as bearing on the question of the insanity of the testator at the time of the execution of the will.” An almost identical instruction to the one here under consideration was approved in the case of Bradley et al. v. Onstott et al. (1914), 180

1943In the case of Conway v. Vizzard et al. (1890), 122 Ind. 266, 270 , 23 N. E. 771 , the Supreme Court said: “It has often been held by this court, and, indeed, the principle is elementary, that where a testator makes a will, which is unnatural in its provisions, such unnatural provisions may be considered in connection with the other evidence in the cause as bearing on the question of the insanity of the testator at the time of the execution of the will.” An almost identical instruction to the one here under consideration was approved in the case of Bradley et al. v. Onstott et al. (1914), 180

1943In the case of Conway v. Vizzard et al. (1890), 122 Ind. 266, 270 , 23 N. E. 771 , the Supreme Court said: “It has often been held by this court, and, indeed, the principle is elementary, that where a testator makes a will, which is unnatural in its provisions, such unnatural provisions may be considered in connection with the other evidence in the cause as bearing on the question of the insanity of the testator at the time of the execution of the will.” An almost identical instruction to the one here under consideration was approved in the case of Bradley et al. v. Onstott et al. (1914), 180

1943It is the duty of this court to consider, for the purpose of reversing a judgment, such-questions (and none other), as are properly presented in appellant’s original brief.” In the case of Long, Executor, v. Neal et al. (1921), 191 Ind. 118 , 132 N. E. 252 , the court cited the Bread-heft case, supra, in holding an almost identical instruction as the one under consideration here invaded the province of the jury.

1943It is the duty of this court to consider, for the purpose of reversing a judgment, such-questions (and none other), as are properly presented in appellant’s original brief.” In the case of Long, Executor, v. Neal et al. (1921), 191 Ind. 118 , 132 N. E. 252 , the court cited the Bread-heft case, supra, in holding an almost identical instruction as the one under consideration here invaded the province of the jury.