State v. . Winchester

Clark, J.:

The case on appeal states, “At the close of the testimony his Honor instructed the jury that, upon the testimony of the Justice of the Peace Irby, there had been no former conviction, and, upon the testimony of the defendant, he was guilty, and directed a verdict to.be rendered accordingly.” If the evidence justified it (as to which we need ’ express no opinion), it would have been proper for the Court to instruct the jury that if they believed the evidence of Irby, witness for defendant, they should find that there was no former conviction, and, if they believed the defendant’s own…