 |
 |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|
|
|
|
State v. Davis7/20/2000
the District Court. Accordingly, Davis has waived appellate review of his claim that the flight instruction offered in his case was an unnecessary comment on the evidence.
Furthermore, in anticipation of the claim that counsel was ineffective for not making the proper objection we note that in Hall, we stated:
n the instant case, we find no reversible error because there was sufficient evidence that flight had taken place and the instruction included the qualification that such flight is not by itself sufficient evidence of guilt but is only one circumstance to be considered by the jury. Hall, 47.
We conclude that in this case, like Hall, there was sufficient evidence that flight had taken place and that because the jury instruction contained the qualification that flight itself was not sufficient evidence of guilt, the jury instruction on flight was not prejudicial to Davis.
Accordingly, we affirm the District Court.
TERRY N. TRIEWEILER
We Concur:
J. A. TURNAGE
JAMES C. NELSON
JIM REGNIER
W. WILLIAM LEAPHART
|