Morse v. State

CATES, Presiding Judge.

Decoying a child: sentence, one year hard labor for the county. Code 1940, T. 14, § s.

At the end of the transcription of the testimony (R. 63) we find:

“(Whereupon, Argument was presented to the Jury by respective Counsel.)"

We quote from Lane v. State, 85 Ala. 11, 4 So. 730:

“The defendant presented the following written charge, and asked that it be given to the jury: ‘The state must prove its charge, and prove it beyond a reasonable doubt, by evidence. The assertions of counsel are not evidence.’ This charge ought to have been given. Coleman v. State, 59 Ala. 52; Tatum…