State v. . Whaley

Stacy, C. J.,

after stating tbe ease: Tbe case on appeal was settled by agreement and not by tbe judge; it contains several exceptions wbicb seem to necessitate a new trial.

There is ample evidence on behalf of tbe State to warrant a conviction, but tbe defendant has a different view of tbe matter, and be contends that tbe judge’s'instructions fail to give him tbe full benefit of bis testimony. Tbe following portion of tbe charge forms tbe basis of one of tbe defendant’s exceptive assignments of error:

“Tbe court further charges you that tbe defendant would be guilty, if you find from tbe…