The following excerpt is from United States v. Klock, 210 F.2d 217 (2nd Cir. 1954):
We set forth in a footnote1d that part of the judge's charge relative to "reasonable doubt." In United States v. Farina, 2 Cir., 184 F.2d 18, 19, 20, we dealt with a charge which said that "a reasonable doubt * * * is a doubt for which a juror who says that he has such a doubt about a defendant's guilt, can give a reason for entertaining." We
[210 F.2d 224]
stated, "Perhaps it was unwise to vary the customary formulae", but we held the charge not reversible error since no objection thereto had been made at the trial. Previously, in United States v. Woods, 2 Cir., 66 F.2d 262, 265, we said: "We do not approve such a definition" of reasonable doubt, but refuse to reverse. So here, while we do not hold that the charge amounted to error,2 we think it would be well if, at the new trial, the judge adhered to the conventional formulation.[210 F.2d 224]
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