State v. Hall

VAUGHN, Judge.

The following instructions were included in the charge to the jury:

“. . . This is not a question of sympathy or prejudice. It is merely a question of facts and the only question you are to consider is: Was the defendant at the time and place in question under the influence of intoxicating beverages.” [Emphasis ours.]

Later in the charge the judge instructed the jury as follows:

“Now, Ladies and Gentlemen of the Jury, the Court instructs you that upon this evidence you may return a verdict of guilty or not guilty bearing in mind the only question that you are to consider and the…