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12/10/75 PEOPLE v. RINGLER

December 10, 1975

PEOPLE
v.
RINGLER



Appeal from St. Joseph, Chester J. Byrns, J.

Leave to appeal applied for.

Danhof, P. J., and Quinn and D. E. Holbrook, Jr., JJ. D. E. Holbrook, Jr., J., concurred. Danhof, P. J. (dissenting).

SYLLABUS BY THE COURT

Opinion of the Court

1. -- Instructions to Jury -- Breaking and Entering -- Aiding and Abetting.

Instructing the jury on aiding and abetting a breaking and entering was proper although the defendant was charged only with breaking and entering and not with aiding and abetting in that offense.

2. -- Instructions to Jury -- Defenses -- Intoxication -- Precedent.

An instruction to the jury contrary to Supreme Court case precedent on the defense of intoxication is not erroneous where the defendant was tried before the decision in the precedent case and the precedent case is not retroactively applicable.

3. -- Instructions to Jury -- Repetition -- Defenses -- Intoxication -- Breaking and Entering -- Aiding and Abetting.

A trial court is not required to repeat an instruction on the defense of intoxication when instructing the jury on an added offense of aiding and abetting where the court had previously instructed the jury on the defense of intoxication to the principal charge of breaking and entering.

Dissent by Danhof, J.

4. -- Instructions to Jury -- Defenses -- Intoxication -- Later Case Precedent -- Appeal and Error.

A court's instruction on the defense of intoxication was reversibly erroneous where the instruction was contrary to Supreme Court precedent and the defendant's conviction was not yet final as of the decisional date of the precedent ...


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