Hamilton v. State

Lumpkin, Justice.

We shall deal with only one of the questions made by the motion for a new trial in this case. The evidence against the accused was entirely circumstantial, and the presiding judge failed to state the rule of law applicable in criminal cases to proof of this character. It can hardly be doubted that in every ciúminal case it is the duty of the judge, even without a request, to charge concerning the law of reasonable doubt. There was no complaint that this was not done in the present case; but we think it equally clear that in a case where the State depended for conviction upon…