Cool v. United States, 409 U.S. 100 (1972)

Cool v. United States

No. 72-72

Decided December 4, 1972
409 U.S. 100

ON PETITION FOR WRIT OF CERTIORARI TO THE UNITED STATES

COURT OF APPEALS FOR THE SEVENTH CIRCUIT

Syllabus

Trial court’s "accomplice instruction," in effect requiring the jury to decide that a defense witness’ testimony was "true beyond a reasonable doubt" before considering that testimony, impermissibly obstructed the right of a criminal defendant to present exculpatory testimony of an accomplice (Washington v. Texas, 388 U.S. 14); and it unfairly reduced the prosecution’s burden of proof, since it is possible that the testimony would have created a reasonable doubt in the minds of the jury, but that it was not considered because the testimony itself was not believable beyond a reasonable doubt. Cf. In re Winship, 397 U.S. 358.

Certiorari ranted; 461 F.2d 621, reversed and remanded.