Jester v. State

Quillian, Judge.

The defendant was convicted of operating an automobile upon the public highway while under the influence of intoxicating liquors. He filed a motion for a new trial which was overruled and an appeal was filed. Held:

1. The defendant contends that the court’s instruction to the jury in regard to reasonable doubt was error because it did not contain a provision as to the credibility of witnesses. The charge excepted to stated: "It means a doubt which grows out of the case on trial for the want, lack, insufficiency, or conflict in the testimony, or such a doubt as a conscientious…