Higgins v. State

Movant assigns error on the following portion of the court’s charge to the jury: “So if, after considering all the facts and circumstances in the case, under all the evidence in the case — giving the defendant’s statement just such weight and credit as you think it is entitled to receive, your minds are wavering, unsettled and unsatisfied, that is the doubt of the law, and you should acquit; but if that doubt does not exist from a consideration of the evidence, and the defendant’s statement, you *223should convict.” The criticism is as to the use of the words “should convict,” it being contended…