Peart v. Chicago, M. & St. P. Ry. Co.

Citations

• 8 S.D. 431
• 66 N.W. 814
• 1896 S.D. LEXIS 40

Syllabus

<p>At the conclusion of all the evidence, certain specific instructions, consistent with the theory of the defense, were prepared and placed before the court, with a request that the same be submitted to the jury. Without writing-on the margin thereof the word “Given” or “Refused,” as required by Section 5048 of the Compiled Laws, the court, without the consent of counsel, materially changed the language and import of each and gave the same to the jury as coming from the defendant with a request that the jury be thus instructed. IlelcL, reversible error. ■</p>