Perkins v. State

Webb, Judge.

Carey E. Perkins was convicted of theft by taking and sentenced to ten years in the penitentiary. On appeal he enumerates as error the overruling of his motion for new trial, which was on the general grounds, but argues that the court erred in charging the jury and in allowing testimony which put his character in issue.

1. The particular language objected to was used in the charge defining reasonable doubt: "It is not a fancy or a conjecture or a supposition that the defendants might be innocent. . .” (Emphasis supplied.) Perkins contends the effect of this was to shift the burden…