Morgan v. State

Charge A refused to the defendant is invasive of the province of the jury, the weight, sufficiency of evidence, and conclusions of fact are for the jury, and charges such as charge A are covered by charges that instruct the jury that, in order to support a verdict of guilt, the jury must so find from the evidence beyond a reasonable doubt. Such charge was several times given both in the oral charge and in written charges given at the request of defendant. Charge E is argumentative.

Charge 4 was condemned by this court in Du Bose v. State,19 Ala. App. 630, 99 So. 746, on authority of Davis v.…