State v. . Hicks

Near the conclusion of the charge, counsel for defendant orally requested the court “to go into the law with respect to circumstantial evidence,” and the court declined to do so because it understood that “the State relies upon direct evidence.” The failure of the court to charge on the law concerning circumstantial testimony is assigned as error on the appeal.

Before tbe oral prayer was made, the court fully, clearly, and correctly charged the jury as to the presumption of innocence surrounding the accused, and as to the burden resting upon the State to establish his guilt beyond a reasonable…