Todd v. State

Jordan, Presiding Judge.

Todd was convicted and sentenced for burglary, and appealed the overruling of a motion for new trial. Held:

1. The defendant contends that the trial judge erred in instructing the jury as follows: "If you have circumstances satisfactorily proven which point to his guilt and which are irreconcilable with his innocence or which require explanation from him [and] may be explained if he be innocent but which are not explained [this] would justify a jury in rendering a verdict of guilty.” The words in brackets are supplied for clarity. It is contended that these instructions…