Warren v. State

Indictment for larceny. Plea not guilty. Verdict and judgment for the state.

After the evidence on both sides was closed, the defendant below asked the Court to instruct the jury that they were the *151judges of the law as well as of the facts in the cause, which instruction the Court refused to give.

J. Whitcomb, for the plaintiff. W. Herod, for the state.

We thinlc that the Court ought to have given the instruction required; and that their refusal to do so renders the judgment erroneous (1).

The judgment is reversed and the verdict set aside. Cause remanded, &c.

Contra. Townsend v. The State, Vol. 2…