Jenkins v. State

Whitman, Judge.

This case is an appeal from a judgment of conviction and sentence for the offenses of possessing and transporting nontax-paid whiskey.

1. Two enumerations of error deal with the charge to the jury. The court charged: “In all criminal cases the defendant has a right to make a statement in his own behalf which the jury may believe in preference to the sworn testimony if they believe it to be the truth. That is not under oath. Now, as in this case, the defendant has a right to make known to the court that he desires to be sworn and testify under oath and which was done in this case…