Lynch v. State

Information charging the defendant with retailing. Conviction and fine.

On the trial, the Court refused to permit counsel to argue the question of law to the jury, on the ground that the Court was the sole judge of that. A question as to the constitutionality of a statute was raised.

By the constitution, the jury, in criminal cases, are the judges of the law and the facts. In such cases, therefore, counsel have the same right to argue the question of law, as they have to argue questions upon the facts. And if it would be error to prohibit counsel to argue a case at all, it was error in the…