Simmons v. State

WHITE, Associate Justice:

This is an appeal from a conviction and sentence for violation of Statute 794.05. At the trial the lower court did not include in its instructions to the jury the charge with respect to the penalty fixed by law for the offense for which the accused was then on trial as required by Statute 918.10. The failure to give the charge is the sole ground for reversal urged by the appellant on this appeal.

Statute 918.10, enacted by the Legislature in the year 1945, provides:

“The presiding judge shall charge the jury only upon the law of the case at the conclusion of argument of…