Yarbrough v. State

LATTIMORE, Judge.

Conviction for possessing intoxicating liquor; punishment, one year in the penitentiary.

Appellant defended upon the proposition of an alibi. The charge of the court in reference to this defense told the jury that if the evidence *362raised in their minds a reasonable doubt as to the presence of the defendant at the place where the offense was committed, if any such was committed, they should give the defendant the benefit of such doubt and acquit him. This seems to have been excepted to as insufficient. The charge has been approved. McLeroy v. State, 97 Texas Crim. Rep., 307, 263…