Ott v. State

Section 5362 of the Code of 1907 expressly provides that the trial court shall not charge upon the effect of the testimony, unless required to do so by -one of the parties. On this appeal but one question is insisted upon as error, and this relates to exceptions which were reserved to the oral charge of the court, involving the statute above mentioned. The court in its oral charge stated that:

“Under the facts as testified to in this case you can return but one verdict, and that is a verdict of guilty as charged in the indictment.”

The record shows that:

“After the jury had retired and entered…