Barton v. State

There is only one question presented in this appeal, all others being waived. The point presented is the first ground in appellant’s motion for a new trial which is supported by affidavit and which reads in part as follows:

“3. That the court, while in the course of reading Instruction No. 8, read the second paragraph in the following manner: ‘It is your duty to reconcile the evidence in this case upon the theory that the defendant is guilty, if you can do so; and you cannot find the accused guilty until the evidence satisfies you beyond a reasonable doubt of his guilt. However, if the…