The Northeastern Reporter Volume 36 (Paperback)

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1894 Excerpt: ... etc. And it is urged that by the insertion of these words the jury would be led to believe the burden of proof was changed, and thrown on the defendant, or that It amounts to an Instruction that the evidence must be to the satisfaction of the jury. In each of these instructions, certain facts were stated, and a certain result followed, as a matter of law, if the facts, were found as stated. Whether the instruction is, "If the jury found from the evidence that the facts are," or whether, after the statement of facts, the Jury are directed that, "If such are the facts," certain conclusions of law result, we cannot see that the result would follow, as apprehended by counsel for appellant, that such modification was not error. Certain modifications of the second and sixth instructions are complained of, but they are of slight character, and we find no error In the same. The twenty-sixth Instruction was refused because It was not presented in time. It does not appear that any rule of court, in writing, existed, limiting the time within which Instructions should be presented. A rule could only exist In writing, of record, as, when thus adopted, it has the. force of law. The rule could not exist In the breast of the judge, alone, but must be announced as a rule, and of record, and Is then applicable to all cases, without discretion, unless an exercise of discretion is reserved in the rule. The necessity for announcing and recording is that It may be known. We cannot hold that the instruction was properly refused because not presented In time, but are of the opinion that it was not error to refuse the same. The first part of the Instruction, with reference to the burden of proof, Is followed by the statement that If the Jury believed from the e...