Sheridan v. Haggard

1. Thel first special ground of the motion for new trial complains that the trial court erred in charging, on the matter of where the preponderance of the evidence lay, that the jury should “take into consideration all the facts and circumstances of the case as they have transpired here in your presence.” The error assigned here is that the words “as they have transpired here in your presence” were words of limitation and restricted the jury as to what it should consider.

It appears from an examination of the whole charge that, at the time the above excerpt of the charge was given to the jury,…