Gore v. State

COUCH, Judge.

In this case we must determine whether a trial judge erred when he told a jury in a criminal case that

“one of the attorneys mentioned to you that the evidence was insufficient upon which you could make a finding of guilty as to a certain count. Sufficiency of the evidence is a matter of law. The Court decided that, not the Jury. Whether you believe that evidence beyond a reasonable doubt is for you to decide. But the counts could never go to you if there were not evidence suffi cient under the law; whether you believe it and weigh it so that you have no reasonable doubt is for…