State ex rel. Loyd v. Clerk of Court, Supreme Court of Louisiana

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• explaining that the word “should” is not permissive in this context because “the instruction gives the jury only two choices” and thereby conveys that “an acquittal is the jury’s only choice if they entertain . . . a reasonable doubt”
• upholding the use of “should” in instructing a jury whether to acquit
• upholding the use of \should\ in instructing a jury whether to acquit
• “We cannot agree that the use of the word ‘should,’ rather than ‘must,’ in [an] instruction conveys the impression that it is discretionary with the jury whether to acquit if they have a reasonable doubt concerning the defendant’s guilt” (emphasis in original)

Source: CourtListener parenthetical corpus (CC0).