Chalker v. State

Carlisle, Judge.

1. Where the court in its charge to the jury stated a correct principle of law and thereafter in connection with the same matter stated an incorrect principle of law and nowhere in the charge instructed the jury as to the application of the conflicting principles so that the jury was left to pick and choose between the incorrect principle and the correct principle, an assignment of error on the incorrect portion of the charge is meritorious. Stonecypher v. Elliott, 181 Ga. 438, 442 (182 S. E. 587). Accordingly, in the trial of one charged with possessing non-tax-paid liquor,…