People v. Curtis
| Decision Date | 10 November 1893 |
| Citation | 56 N.W. 925,97 Mich. 489 |
| Court | Michigan Supreme Court |
| Parties | PEOPLE v. CURTIS. |
Error to circuit court, Ionia county; Vernon H. Smith, Judge.
John Curtis was convicted of robbery, and brings error. Affirmed.
Foote & Dooling, for appellant.
A. A. Ellis, Atty. Gen., and R. A. Hawley, Pros. Atty., for the People.
The only error alleged is that the court refused to give the following request on behalf of the respondent: "The jury are instructed that in their deliberating, if any one or more of their number, after deliberating with their fellow jurymen, retains a reasonable doubt as to defendant's guilt, the jury should not find him guilty." Upon this point the court instructed the jury as follows: The instruction given was all that the law requires. This case is not ruled by People v. Hare, 57 Mich. 519, 24 N.W. 843. In that case it does not appear that the court instructed the jury at all upon the subject, but, on the contrary, said that it was not the duty of the court to charge individual members. The decision goes no further than to say that, when such a request is presented, it is the duty of the court to call the attention of the jury to the subject. To hold that jurors, under the instruction, would not understand their duty, would be to say that they were not possessed of common sense. Such a request was held properly refused in State v. Hamilton, 57 Iowa, 596, 11 N.W. 5; State v. Young, 105 Mo. 634, 16 S.W. 408. Conviction affirmed. The other justices concurred.
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