Peacock v. State

ON MOTION FOR REHEARING.

LATTIMORE, Judge. —

Appellant still insists in his motion that we erred in holding that the trial court correctly refused his special charge, and declined to heed his exception to the main charge. Appellant’s exception to the court’s charge was because it did not affirmatively tell the jury to acquit if they had a reasonable doubt as to whether he sold whisky to Mr. Williams. His requested charge, which was refused, contained an instruction in line with said exception. We held that under the facts of the case the charge as given fully protected appellant’s rights.…