Howard v. State

The defendants, father and son, were jointly tried and convicted on a charge of possessing whisky. The whisky was found in the home of the son, and the father, an old man, was at that time visiting at the son’s house. The old man, testifying in behalf of himself and his son, said that the whisky was his, and that his son had nothing to do with it. There was testimony tending to prove that the whisky was that of the son. Upon this statement of the father, the court ex mero motu, and without a request in writing, instructed the jury as follows:

“I instruct you that if you. believe his (the…