Stubblefield v. State

Gardner, Presiding Judge.

The petition for certiorari contains three assignments of error all of which relate to excerpts from the charge of the court.

1. It is contended that the trial court erred in charging the jury as follows: “Gentlemen, this accusation will be out with you, and you may refer to it as often as you may deem necessary, but it is not evidence against the defendant and must not be treated as evidence against him by you gentlemen.” This excerpt is complained of because the accusation contained without the knowledge of either the defendant or his attorney the notation,…