Godfrey v. State

1. In a criminal case, where the accused made a statement to the jury, and the court in charging the jury on the statement omitted to instruct them that they had the right to believe the statement in preference to the sworn testimony in the ease, such omission requires the grant of a new trial, where it is apparent that the omission was prejudicial to the defendant; and this is true although no timely written request for such a charge was made. Burns v. State, 89 Ga. 528 (4) (15 S. E. 748); Doster v. State, 93 Ga. 43 (4) (18 S. E. 997); Fields v. State, 2 Ga. App. 41 (4), 46 (58 S. E. 327);…