Bray v. State

Devine, Associate Justice.

Defendant was convicted of the theft of a cow, and presents for our consideration, as grounds for a reversal of the judgment, that “the court erred in the charge to the jury, and especially the fifth subdivision thereof;” and “the court erred in overruling de fendant’s motion for a new trial.”

The court erred in the charge referred to, which, after stating that the accused was entitled to the benefit of all reasonable doubt,proceeded to say: “The doubt must not be a mere possible doubt, but it must be a doubt sustained by the evidence, upon a review of all the facts…