Bertrand v. State

PRICE, Presiding Judge.

This appellant stands convicted of a violation of Section 106, Title 14, Code of Alabama, 1940.

The state presented evidence tending to support the allegations of the indictment. No evidence was offered in defendant’s behalf.

The court, ex mero motu, instructed the jury:

“The court charges the jury if you believe the evidence in this case beyond a reasonable doubt, you must convict this defendant.”

Section 270, Title 7, Code, supra, expressly provides that the court shall not charge upon the effect of the testimony unless requested to do so by one of the parties. Such…