Toliver v. State

Convicted of assault with intent to commit statutory rape, appellant was sentenced to imprisonment for one (1) year. His appeal claims error: (1) In the court’s giving its instruction on (a) reasonable doubt and (b) the jury’s duty to reason together; (2) In refusing to give" (a) appellant’s instruction on degree of certainty and (b) his instruction on mistake as to victim’s age. Finding merit in (1) (b) and (2) (a), we reverse.

I

Appellant objects to the giving of paragraphs five and seven of the trial court’s preliminary instruction 3P which reads as follows:

“[1] This formal charge is no…