Evers v. State

The evidence in this case was in conflict, that for the state tending to prove the charge laid in the indictment, and that for the defendant fending to prove the defendant’s innocence. In his oral charge to the jury and without .having been requested in writing to do so, the trial judge charged the jury: “If you believe beyond a reasonable doubt from this .testimony that Wensley Evers did kill Jesse Pearson by shooting him with a pistol, then I charge you he is guilty of murder in one or other of these degrees under this testimony, and it would be your duty to so find, because there is no…